Can Employers Include Age Requirements In Job Postings?

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When you are searching for a new position, you’ll come across plenty of job postings that list various requirements. Maybe you need a certain amount of experience, a certain degree, or a certification of some sort. But what if you come across job postings that list a requirement for age? Isn’t that discrimination? It could be, but in many cases having age requirements for a job is not actually an issue. An experienced Chesterfield County age discrimination attorney can help you figure out if there is a problem with these job postings and how an employer is handling the hiring process.

Who Is Protected By Age Discrimination Rules?

When we look at federal rules about age discrimination, they are primarily meant to protect workers who are 40 years of age and older. So in many cases, age requirements that set a minimum age for being considered for a position may not actually discriminate against older people in the workforce.

So Can Some Job Postings List Age Requirements?

Yes, an employer may, in certain situations, list age requirements if doing so does not violate any protections or rules against discrimination for employees or potential employees of a certain age. So if a position needs to be limited to people of a certain age or above for legal reasons, that is something that may be acceptable to list on a job posting. However, it can depend on certain factors, so it may make sense to inquire with an attorney.

What if the Age Requirements Are Discrimination?

If the age requirements on a job posting have no legal basis and do discriminate against older workers, then there is a problem. An ad that says “must be under 50 years old,” for example, would likely not be protected under any of the scenarios we talked about above. Job postings like that show bias and discrimination in a company’s hiring process. However, if a job requires someone to drive a forklift and driving a forklift can only be done by someone who has reached the age of 18, it is valid to list that requirement in the job ad.

How Can a Lawyer Help Me Report Age Discrimination?

If you do come across actual age discrimination, an employment lawyer can help you report it. You have two options. You can file a complaint through the Equal Employment Opportunity Commission, or EEOC. This is a federal agency. You can also report to a state agency, the Virginia Office of Civil Rights.

Whichever option you choose, you have a limited amount of time to make your report, so acting quickly is in your best interest. You also want the report to be complete, since this raises the chances that an investigation will actually be taken up. A lawyer can help you with that.

Talk to an Employment Lawyer

If you suspect that you have been discriminated against based on your age or any other factor, this law firm is ready to help you. Contact Passerro Employment Law and schedule a consultation with our attorney. Our employment lawyer can tell you more about the next steps.

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