5 Quick Tips For Fighting Age Discrimination

@Keith Enste and @Linda S thank you for your comments. @Keith you are probably right that it would be hard to prove age discrimination during the hiring process. Are you getting interviews? As a PS, I am older than you and I am working so I know that it is possible. Many of the jobs I had, in the past, I got through a temp agency or a recruiter. After I went over that big 50 mark, I stopped trying to find a position on my own and, instead, used an agency. They have a way of presenting you that takes the age factor out of it. @Linda so sorry about that. Lessons learned - never mention the early retirement again! You didn't mention how old you are but, the next time the question comes up, - the response maybe should be that you plan to work at least up until your retirement age if not longer. I know that ageism exists. I hear it all of the time from job seekers such as yourselves. But I know that more senior people are being hired more and more as companies are realizing that hiring older workers is the way to go. We come with a great work ethic, no real family issues as our kids are grown and we are not going to be clock watchers. We are going to get the job done.

I totally agree with Keith Enste. In fact that exact scenario happened to me this week. I actually had 2 face to face interviews. During the second interview, I disclosed that I took an early retirement from my last employer. They asked, how long do you plan to work? My response, "a long time". Up to that point, I felt they were going to make me an offer. Instead, I received an email thanking me and that I Was NOT The Right Fit! !!

While each of these strategies is great advice; unfortunately Ageism and Age Discrimination are wholly embedded and engrained within the entire employment process. Sadly too; proving such particularly during the hiring process is extraordinarily difficult; all any hiring manager has to say is: “We did not think that this particular candidate was a good fit for our staffing needs at this time.”

All of which is code for we thought that this particular applicant was a little “too gray” and “a little too long in the tooth” for our tastes. Of course when firms do “whole scale” terminating of their more senior employees; usually “red-flags” pointing to Ageism and Age Discrimination manifest themselves. Proving such on an individual basis; especially during the hiring process such that it is, without an outright pronouncement “yeah right” that the applicant’s age was ostensibly the reason for them being denied a job offer; prosecuting such successfully is at best improbable if not nearly impossible. Most employment attorneys won’t even touch such, they realize it is a “dog of a case;” and, a losing proposition!
I’ll be 58 in only a week; and am absolutely terrified that I will never be employed again. And the only reason as to why I am unable to gain such is my biological age; and the fact that I’ve been on the “sidelines” for an overextended period of time; due ostensibly to my age.

All the “pretty hyperbole” in the world does not change this; and proving such as already noted under such a condition is implausible at best; if not impossible; I know, I approached an attorney in the past about this very topic and was told I did not have adequate documentation to sustain such a claim.

The only true solution: a “time machine” make me a teenager; or at least a twenty-something again! This contrary to your superfluous gratuitous; albeit, well-intentioned advice is the only true remedy.

@Francesca Hinckley thanks for your comment. Wow - 20 phone interviews and 20 in-person interviews in 16 weeks. That's awesome! When the interview was over, did you send a hand-written thank you note through the mail? Did you call any of the hiring managers to follow up with them to find out why you did not get the position? Not that they will all answer you but you might catch one or two. Something is definitely up if you are passing the phone interview and being invited in for a face-to-face. They already know how old you are before they bring you in. They have your resume and it's tough to hide some of those dates not to mention your years of experience. It truly does not sound like it's ageism in your case. Try following up with some of these companies and see if you can get a clearer picture of what is going on.

I have had over 20 phone interviews in the last 16 weeks, all of which turned into "in-person" interviews and not one job offer. I am 56 years old, and have all of the necessary technical skills, a great attitude, more than enough enthusiasm, with loads of experience. Still no job offers. Why? Because I'm 56 years old. There's no other reason why, that I can think of, and it's really discouraging, (to say the least)!

Thanks for your comments. @Eric Y sounds like you are not able to get an interview. Have you tried using your network to find a position? What about temp agencies? Recruiters? I don't think that Erin J meant to be insulting. Just trying to pick us up. @David Hutton thanks for yours. Did you get the job?

The questions violate the"spirit of the law" - they are a "subterfuge" of the Statute. Should you comply ? I once Intentionally indicated my Graduation year as ten years later than it actually was and upon the first interview I candidly admitted that I did this because of the "onerous" and inherently discriminatory software and stated "i did this to give myself an equal opportunity to be considered" The hiring manager stated "I don't blame you, I would have done the same thing"

To Erin J. Your comments are insulting...first, you need a face to face interview in order to do what you suggest and these despots who throw out the applications due to age will never allow you that meeting because of your age. You can dance and pep as you say until the cows come home and it will not make one bit of difference...wake up and smell reality, its called AGE DISCRIMINATION!

@Koni R thanks for your comment. Great idea to do a walk-in if you can! Let them meet you before they "meet" your resume. You know that's the way it used to be. You could walk into a company and tell them that you were interested in a job with them. They would give you a paper application to fill out and you could usually get an interview with the hiring manager right after that. You would know, before you left, if you got the job or not! Boy how I long for those days. I am glad to hear that some companies still allow you to do that! We wish you all the best. @Erin J so very true. Just like @Koni mentioned - show them who you are - that you are more than just a list of details on a piece of paper!

I hear that I am over qualified. My medical license is up to date and I must keep up with continuing education which is required,so being "over qualified" is code for my age. These on-line applications that ask for year of graduation are poorly hidden acts of discrimination that shut one out long before pep in your step or my love for my field can even shine through,Getting in the door by the on-line process is not working. So I am going back to the walk in and meet and greet so at least I have a chance to be more than numbers on the calender.

Are you acting your age? If yes, stop. Start thinking it is only a number; put some pep in your step,gleem in your eye. Show them you are an energized asset, that they would be lucky to have you!

Excellent article. Thanks for writing it! Keep it up. Benny Wayne Galloway - Cedar Park, Texas

Thanks Ray H for your comments. It can be hard to hide your age, that's true. But you can try to counteract that with a resume and cover letter that just can't be beat. That way, maybe you have a chance to get in the door for that interview so that you can continue selling yourself for the job. So sorry that the company did that to you on the scheduled Skype interview. Companies will come around, in time, and realize their mistakes. Short story - back in the mid 90's the government, in its infinite wisdom, decided that the military was too large and needed culled. So they did that - starting at the top since that's where the larger salaries were. Then, a few years later they realized their mistake because all of the skills and knowledge left with those more senior people. It took them quite a few years before they had those experts. Companies will do the same thing and at a faster pace than the military. Companies want to pay as little as possible for an employee which is why they hire younger employees. But, when the work isn't getting done or its shoddy or no one knows how to do it, they will start hiring us gray-haired folks.

The fact of the matter is there isn't squat you can do about it. You have two choices. Get very, very specialized skills so they can't get the job done and still discriminate, or create your own job and remember the people who did it to you so that maybe, Karma willing, you can return the favor some day.

These days the companies are using the search firms to filter out the older workers. I had a scheduled skype interview with a representative the next morning. He asked me when I graduated from college, and I told him. The next day I get an email five minutes before we were supposed to speak on skype canceling the interview. He said his account manager had decided to go with a different candidate.

They don't have to ask your age. With an address and a complete name I can determine your exact age in a few minutes. There is no way to hide your age. They can ask when you graduated college, add twenty to that number and you have a good estimate right there.

Thanks for the comments. @Charlene S they should never ask for your birthdate as that is protected under the law. But they get around it by asking your HS graduation date or your college graduation date, etc. @Albert M it's hard to respond not knowing your circumstances. Are you going through sites that specifically hire heros? Are you submitting your application for jobs and then following up? Are you getting any interviews? If so, are you sending thank you notes after the interviews and then following up? Many people think that as long as they create an account on a site and add their resume that all they have to do is sit back and wait. Not true. You have to be proactive. Search jobs. Apply for jobs. Treat your job search as a fulltime job. What about a Vet Center? Check in with them as they might be able to help guide you into a great position. I know it's tough to find a job after you leave the military. I retired from the Navy and struggled to find my footing, also. And this was long before social media or long before you could ask questions and comment on things like you can do today. The jobs are there and many companies would jump at the chance to hire a veteran. All the best.

I was a 57 yr Veteran and still no calls. Law is worthless.

So y do a lot of these sites ask for your birth date?

@Christopher thanks for your comment. Yes it is true that you will have to fill in the dates of employment as well as education. If you can, just try to input the past ten years or so. But if they ask HS graduation date, there's not much you can but answer to complete the application or just not apply. I always try to find another way, if I can, to submit my resume. Sometimes looking on the company's website, you will find a different way to apply where you can just get by with sending in your resume and cover letter and not have to complete their application process. Always worth a try. If not, then yes you are stuck including those dates. @Patricia they asked for your age? No that is not correct. I would contact the company directly and let them know that they are in violation of EEOC rules. They are not allowed to ask age, birthdate, marital status, how many children you have and so on. Of course the way for them to get around this is to simply ask for your graduation date.

I was asked my age in a questionnaire they emailed. Is this correct? If not, whom do I notify?

Thank you for your article but I'm afraid there is a flaw in your advice and it is this. Many organizations force applications to use a database type application system in addition to submitting a resume and in my experience to date, those database systems force you to reveal your age as they require start and end dates for employment and education.

@David Hutton thank for your comments and encouraging words. Yes Baby Boomers do have attributes that the millennials will never have. Just the same as their parents had attributes that didn't carry on down to the Baby Boomers. We just have to show the younger generation how it's done. Get up from your desk and walk to your coworkers desk instead of emailing or texting. Stay until the work is done, not when the clock says it's time. Oh and I truly agree with the education part - never stop learning. I know I am a lifelong learner - in school right now. Always learning, always growing. Thanks again @David.

The Article says quite accurately that you have to show "Enthusiasm" and this cannot be overstated. It may seem that you have to expend as much effort in playing down the negatives as you do "accentuating the positives" but that is merely just a new set of playing Rules as are the "screening" software, having a new age "digital profile", etc..... But let us not forget that what we bring to the table as "Baby Boomers" are some attributes that the millennials cannot replicate : 1) True Relationship building as we learned it before the new "tech friendships" that now are so commonplace, 2) we have made the errors, the omissions of seemingly simple contracts that turned out to be critical - we learned and now can recall with wisdom and bring solid guidance. Don't "fret it", be proud of it and NEVER stop your continuing education in your field and I challenge you to be ahead of the curve and be ready when the time comes to display your talents.

This is a terrific Article and it hits the issues "Dead On" - Is there age discrimination ? Answer : ABSOLUTELY and it tops the list of all the others but I say this not to "Discourage" you but to "Encourage" you.