Can a Prospective Employer Ever Inquire About Your Age?

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A potential employer can actually ask questions that could lead them to guess your approximate age. For example, there is nothing illegal about asking when you graduated college. The problem arises when an employer or prospective employer tries to use this information against you. If you suspect that you are being treated differently due to your age, then you should seek the help of a Chesterfield County age discrimination attorney.

What Behaviors Can Be Considered Age Discrimination?

Asking about age is likely not discrimination, but treating an employee differently because of their age is. So we can argue that discrimination occurred if an employer or prospective employer looks at a worker and makes one of these decisions based on their age:

  • Whether or not they are hired
  • What kinds of benefits or pay they receive
  • Whether they are up for promotions, raises, or new opportunities
  • Which shifts they get at work

If other workers are being given preference over you based on your age, that is discrimination.

What Should I Do If I Suspect Age Discrimination?

There are a few steps that you should take once you suspect that there is age discrimination at work.

Document everything: Keep emails or anything else that might show evidence of the discrimination you experienced. Keep everything together and be ready to reference all of this documentation when you file your complaint.

File a claim with the EEOC: The U.S. Equal Employment Opportunity Commission, or EEOC, is the federal agency in charge of going after companies that violate the country’s rules about discrimination. You must file a claim with the EEOC sometime within 180 days after the discrimination occurred.

File a claim with Virginia: The state of Virginia also has its own agency to report discrimination. The Virginia Office of Civil Rights (OCR) can also take your complaint, and we suggest that you file with both the EEOC and OCR when applicable.

Hire an employment lawyer: You are not necessarily required to hire a lawyer when you are filing a complaint, but it is probably a good idea to have a knowledgeable professional on your side. A lawyer can tell you if you actually have a case and what needs to be done. They can also help you draft the complaint that you are submitting to the EEOC or OCR.

A lawyer can help you make your claim as convincing as possible, and that gives you a better chance of persuading one of these agencies to pursue action.

Schedule Your Consultation Today

If you are ready to fight back against age discrimination, Passero Employment Law can help. Contact us and set up a consultation with our experienced employment attorney today. He is ready to help you build your case.

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