5 Quick Tips For Fighting Age Discrimination

John Krautzel
Posted by in Career Advice


Despite its illegality, age discrimination still occurs during the hiring process, and if you are an older worker, being proactive is the best way to ensure you get fair treatment. It is important to stay positive and focus on your strengths during your job search. Here are five quick tips to ensure age discrimination doesn't keep you from getting the job you deserve.

1. Know Your Rights

The Age Discrimination in Employment Act makes it illegal for employers to discriminate against those age 40 or older when making hiring decisions. Prospective employers cannot ask about your age or for other information that might signal that you are an older worker. Keep an eye out for signs of discrimination, and refuse to answer questions that might make you a target. Take a close look at your resume, and make sure it doesn't include any references to your age or stage of life. If you see open signs of age discrimination at any point during the hiring process, call the organization out, and consult a human resources specialist or lawyer, if necessary, to assert your rights.

2. Focus on the Positive

Although it's good to know your rights regarding age discrimination, it's also a good idea to expect the best. Make sure you present your strengths instead taking a defensive attitude. You need to sell yourself to get hired, so let employers know what a great asset you'd be to their organizations. As an older worker, you likely have maturity and wisdom that younger workers might lack. You have also had more time to acquire knowledge and fine-tune your skills. Feel free to brag a little during your interviews — having years of industry experience is an important selling point.

3. Keep Skills Up to Date

Some age discrimination takes place because employers are worried that older workers lack technology skills. Avoid fitting that stereotype by staying up to date on all the ways technology relates to your industry. Use technology in your day-to-day life. Maintain professional social media accounts. Take a course if necessary to build your competency.

4. Take Advantage of Recommendations

More years of work experience provides more reference possibilities. Take advantage of your longer work history by providing exceptional letters of recommendation that share your strengths. Encourage your references to share your abilities to work well with people of all ages as well as the depth and breadth of your skills and knowledge. This will help dispel any worries potential employers might have about your age.

5. Show Your Enthusiasm

Every organization wants workers who bring enthusiasm and energy to the office each day. Show these traits at job interviews. Just because you have a lot of experience, it doesn't mean that you can't bring excitement to a new position. One of the best ways to fight age discrimination is by simply showing the hiring team your potential and how much you look forward to making a positive contribution to the business after you are hired.

Counter age discrimination during your job search by being aware of your rights, showing off your strengths and keeping your technology skills sharp. Never share your age with prospective employers, and consult professional help if you feel that you have been discriminated against.


Photo courtesy of Ambro at FreeDigitalPhotos.net

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  • Haydelina R.
    Haydelina R.

    I can definitely relate!

  • Nancy Anderson
    Nancy Anderson

    @Steven F thanks for the comment. It is true that it would probably cost a pretty penny to fight an age discrimination suit unless you can find a great lawyer at a low price. And, what are the expected results? Thanks for the tips. It's what we say all of the time - short, sweet and to the point. Then, in the interview, sell, sell, sell! Thank you.

  • Steven F.
    Steven F.

    Having been through an age discrimination case, unless you have a few hundred thousand dollars you don't want, don't waste your time thinking about legal protection. As an older worker, one needs to keep firmly in mind that you are starting with points against you. The solution is to make sure that your resume is clear about what you can contribute and vague on anything that makes you look old. Once you get the interview,ignore their look of disgust and get right into what you can contribute. The tricks are to get the interview and sell your capabilities including how you experience makes you less likely to lose time on wrong answers.

  • Ralph C.
    Ralph C.

    Good, sound advice. Thank You.

  • Nancy Anderson
    Nancy Anderson

    @Suzette J. thanks for your comment. I have never heard about this. Did you ask what happens if you don't complete it? I think I would look around for an unemployment lawyer and see if you can't get a free consultation to ask about this. I can't answer whether it's legal or not. I would think that it wouldn't be but then again, the agencies should know what is legal or not and whether their survey is within the law.

  • Suzette J.
    Suzette J.

    I have recently met in person with a recruiter at an employment agency. After the interview, the recruiter asked me to complete a "voluntary" survey to determine if the recruiting agency could recieve benefits when placing me. One question asked if I was under 40 yrs old. Others were about Federal or State welfare or monetary support (SSI, food stamps but not Social Security). This is not the first time I had the opportunity in the past 2 yrs to complete this survey with Employment agencies in the State of California. Would you recommend job seekers complete this type of survey or not?

  • Nancy Anderson
    Nancy Anderson

    @Jane C thanks for your comment. So sorry that you are having a tough time finding a position. It's hard when we are stay-at-home Mom's for many years and then try to get back into the workforce. Technically, you shouldn't put any more than ten year's worth of employment on your resume. I don't think that your job from the 80's is giving you any lift when it comes to getting your resume in front of the hiring manager. What I would do is find a good recruiter who specializes in putting HR applicants into positions. Or, if that fails, use a temp agency to get your foot in the door. I would not put on my cover letter that I wasn't working because I was watching my grandson as that totally dates you. They know that you are a Grandma so they can figure that you are at least 50. Remember, the cover letter isn't about you - it's about what you can do for the company. Honestly, a temp agency is probably the best way to go. You may not get the exact job that you want on the first go-round but it has been my experience that if I stick with one agency, they will find a great position for me. Using a temp agency I got experience as a legal secretary in both criminal and family law as well as worked as an underwriter for a mortgage company - all without the benefit of previous experience. Give it a try and let me know how it works. All the best.

  • Jane C.
    Jane C.

    HI Nancy, I am over 50 and have recently been looking for a full time position. I have applied for dozens of positions (at least over 60), and have only gotten 3 replies, each saying they were going with other applicants. I know it is my age, but I couldn't prove it if I tried! My problem is that I worked full time and was a Customer Service Manager for 5 years, back in the 80's, then became a stay-at-home Mom until 2007, with a couple of part-time jobs in between just for extra cash. In 2007 I started working as a Hiring Manager/ HR Manager for a grocery chain, and worked there until 2012. I also went back to college and got my BA in Human Performance Management (basically HR) in an accelerated program, graduating with a 4.0 GPA in 2012. That same year, my daughter had a baby and I decided to move the 2 hours away, to be closer to her and to watch my grandson full-time while she worked. I was able to do this because of spousal support from my divorce in 2012. My support ended in December 2016 and that is why I am now desperately trying to find a job. Yes, I have been trying for the last few months and didn't realize how hard it would be! My question is: do you think my putting my job from the 80's on my résumé is hindering my ability to even get an interview? The only reason I put it on there is to show I have more than the five years work experience from my most recent job. Since I have graduated from college in the last 5 years and worked in the time frame of going to school, it would look like I was younger and maybe get me a face-to-face interview? Then the problem would also be the 4 year recent gap in my employment history, which I explain in my cover letter and tell them I was watching my daughter's son during that time, and also that I was a stay-at-home Mom for 20 years. I point out that I acquired and cultivated important skills during that time also. I'm sorry for the length of this comment, but I wanted you to have all the pertinent information. I'm just so frustrated! I have the confidence in my personality to win a job, if I could just get in front of an interviewer! I would appreciate any advice you could give me.

  • P. Laine M.
    P. Laine M.

    Big difference today is that more younger hiring agents may have up on deciding workforce future - not the best dynamic, so maturity forges ahead

  • Nancy Anderson
    Nancy Anderson

    Thanks for the comments. It certainly can be frustrating. @Emily B it is illegal for them to ask for your birthdate no matter what justification they try to give. If you ask a lawyer who specializes in age discrimination cases, he would tell you that they are not allowed to ask that. They can, however, ask for your graduation dates - high school and college. That's how they get around it. All we can do is keep on searching and applying. The jobs are there and us more senior folks are being hired. Look around. Maybe you don't need to work fulltime any longer. Maybe a part-time schedule would work better and that could open up a lot more doors. Have you all tried using recruiters or a temp agency? Are you networking? Look around your area for networking opportunities. Make sure that you are talking up the fact that you are job searching. What about former co-workers? Check with them and see if they know of any open positions. Have you thought about checking for a non-profit in your area? While you are job searching, what about volunteering - just to keep your skills fresh? Also, what about taking some courses at the local college to add to your skills list? What about trying to take some of your skills in a different direction? If you were an administrative assistant, what about becoming a medical assistant or maybe moving into a legal assistant position? All you can do is keep trying. The jobs are there. It's just a matter of finding the right one for this time in your life.

  • Jennifer Pollman
    Jennifer Pollman

    I'm dead in the water as soon as they ask my college graduation date!

  • Emily B.
    Emily B.

    I removed dates from my resume and use number of years instead. But they can still add them up!

  • Emily B.
    Emily B.

    Most applications I've filled out ask for birthdate. When I've asked why they need that I get several different answers. I always thought it was illegal to ask for birth year/age. I've lost some good jobs to younger males with far less experience but was told by attorney that age/gender is hard to prove.

  • Renee B.
    Renee B.

    I have used my tenure on job interviews. Just 4 jobs in 20.years, in my opinion show loyalty and maturity. But I do wonder on a staffing site why they can as if you are over 40?

  • Naomi S.
    Naomi S.

    On Susan Ashe comment, I totally agree, I'm 59 and retired when I was 50...I knew once that younger version of me way back in the days of me ...hiring people ..they would just glance at my resume coldly, date of birth section. ...but I have a strategy for that. It will work, also by just completing this application on line, acting up on me, i told, my husband "enough of this I'm tired, I could go back in completing it later" ...closed ..logged out..that attitude you and I share, hi five to us..they..the "millinea"...huh...would "eat our dust"...and count years ...build their own attitude where we are right now....it's all about that big time ATTITUDE...that we enjoy now...CAN THEY DO THAT.........

  • Nancy Anderson
    Nancy Anderson

    @Katherine S thanks for your comment. In spite of the coldness of the hiring process, it's actually not such a bad idea. Many job seekers send videos in to hiring companies instead of sending resumes so it's kind of the same concept. The only difference is that, in your video, you are "talking about yourself" sort of off-script. By using HIreVue, the questions are provided so it actually makes it easier since you have something to truly focus on. Many companies are starting to take this route. It lets them have a view of the candidate and lets them know if they wish to continue. Of course I see a lot of lawsuits coming about because of it. Age, race and sex being the top three reasons for the lawsuits.

  • Katherine S.
    Katherine S.

    I absolutely agree. This is a problem for many, as I am in this situation. My current company soon to be ex-company now uses a strategy call HireVue. It is an interesting tool. One simply sits in front of your computer, and you answer simple question in the allotted time. This is then uploaded. Its very cold and impersonal. There are no second chances. As I was told by a company recruiter, your resume is not even read or looked at. Its how you present your self.

  • Nancy Anderson
    Nancy Anderson

    @Thomas Woodward thanks for your comment. I hear this all of the time about the "amateurs" or "millennials" or whatever term is correct today. I think back to when I was the amateur and looking for a job - it was tough. We were the workers who lacked the mature decision making abilities. We learned and grew and this is the same thing that the younger workers will do. It's the way the world goes around.

  • THOMAS WOODWARD
    THOMAS WOODWARD

    The younger workers are looking for the next opportunity and want to move on. Older workers have been there done that. Quite frankly they lack the mature decision making skills that we have acquired over the years. This country is being run by amateurs who are using trial and error.

  • THOMAS WOODWARD
    THOMAS WOODWARD

    Have been in the same industry and a pro --we want stability in a job and are much more likely to stay as long as possible.

  • Susan Ashe
    Susan Ashe

    Cmon really? No matter what "tips" anyone might try the fact remains the second they see our faces we are done for. Best thing that ever happened to me was not being able to find a job...I started my own business and never leave the house to make far more than I would be in a traditional position... at far less hours as well. As someone else stated my resume looks as though I am younger due to when I finished my degree so it looks as though I am 15 years younger than I am. I cannot count the times I walked in and it was apparent by the look I got that I was wasting my time. Could I prove it? Nope! Was I going to ever call anyone out on it? Nope, why would I when I was unable to prove anything? Besides that did I really want to make a fuss and then get hired by an employer who # 1 didn't want me and # 2 would resent me? Nope. So be it. Again best thing that ever happened was not being able to find a job

  • Shawn Reed
    Shawn Reed

    I think enthusiasm is a "missing ingredient" for our work group. We have all worked for years - some of us working our way up - and we know a lot. That means that what we might think is calm and reserved -- actually looks uninterested and stand offish. We know what happens when we run out of money - we have been there. Try to remember when you go into that meeting or interview - smiles take years off - you can turn an interview around. I used to always be mistaken for a male - I could see the minute I walked in - oops! He thought I was a guy. Never stopped me getting the job, however.

  • JUDD SILVER
    JUDD SILVER

    As far as #3: I knew a PhD biochemist in her 50's who left the job for 2 years to get a degree in biotechnology and learn all the latest cutting edge techniques. Still no one would hire her - every new college graduate knows the same stuff and are happy to get entry level jobs. She wound up coming back to her old company doing the same work as before. She sacrificed 2 years salary plus tuition and fees at a UC school for nothing.

  • anaisis c.
    anaisis c.

    Always in the back burner, no Matter yrs. of experience

  • Nancy Anderson
    Nancy Anderson

    @Kathleen Cordon thanks for your comment. I think I would still show my bachelor's degree on my resume even if it has been more than 10 years since you completed it. By not showing it, you could take yourself out of the running for some great positions. Make sure that you are showing current, up-to-date technologies on your resume also. That should help. All the best.

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