Age Discrimination?

CatLaw

Age discrimination only protects those who are 40 and over. Look at www.eeoc.gov for more info.

As a lawsuit, age discrimination is one of the toughest to prove. The person who was bypassed for the job would need to show that he and the younger (under 40) person had identical education, experience, or anything relevant to the job.

Your friend may want to file with the EEOC or contact a local employment attorney for advice. As for the employer, there is an only saying "all you put in the lives of others comes back into your own", looks like this employer got some justice for discriminating.

Just Me

it may be but it may not be too. the disclaimer may mean they still have the resumes on file and are going to pull from them too. They just want to see if any other applicants are out there. The younger person may have been willing to take considerably less money but had even less of the qualifications they portrayed that would be why the person didn't make the 3 months. doubtful the disclaimer is directed at your friend. But it would not hurt for the friend to call the HR office and say they are are still interested and would welcome another interview.

ekalfwons

it could be, but best wait to see if he does get the job.
basically because they introduced that they can't discriminate just cause you are younger means that companies what to pt a feather in their cap by saying that they don't and as proof here is our shiny, new, young employee.
obviously this is the reason why they took this person on cause it is obvious that this person could not do the job.
but now it is back open again thy are going to be more cautious and opt for the safe bet i reckon this would mean taking someone on who knew what they were doing, someone like your friend.
don't just for the discrimination card as your friend may get the job, so don't cut off your nose to spite your face. however if they do the same thing again your friend should begin by questioning then going into it deeper.

whotoblame

You would have to prove that the older applicant was turned down because of their age. I think on that face of it it looks like someone has a chip on their shoulder because they didn't get the job. There are other factors not mentioned, like ATTITUDE that counts alot in the interview process. Someone so quick to yell discrimination is not someone I would want working for me.

goldfish

In theory, this is not a case of age discrimination.

A less qualified and younger person can get the job if that person satisfied the criteria of the job. Even it's rare these days, a successful applicant doesn't necessarily be the best applicant.

Regarding the 'previous applicants need not reapply', the unsuccessful applicant in the first place should ring up and ask politely why s/he failed to get that job. One may think s/he is qualified but there may be other reasons that failed that person.

Also by getting the feedback, it definitely helps one to learn and what should I need to improve for the future interviews.

Expert Realtor

Here is the problem proving your claim:

1. How do you know what was said during the interview to the other applicant....were you present in the room? Of course you weren't.

2. How do you know that you were more qualified than the younger person....did you receive a copy of their resume? Of course you didn't.

3. How do you know that YOU would have got the job had they not hired the younger person and not another candidate? Do you know the quality of ALL applicants that applied for the job? Of course you don't.

4. Are you over the age of 40? The EEOC says you can't claim age discrimination unless you are over the age of 40.

http://www.eeoc.gov/facts/age.html

If they said "prevoius applicants need not apply" then that means YOU WOULD NOT have got the job regardless....interviewing is time consuming, so obviously they wanted a new applicant pool.

Life isn't fair, and it's time to pull on your big boy boxers and deal with it. Just b/c a job doesn't work out for you, doesn't equal a lawsuit.

silver14g

as sad as this is yes allot of company's do it. not just age but also weight. have you seen an not think person at Victoria secret or a bigger guy at aber. and Fitch. aero? or even the other way.. have you seen a thin lady at women's plus stores. i have to admit that i think i got my job because of my age.. i was the youngest applic. and less qualified (i can admit that) and i got the job. Ive been there for 8 months and love it. it was the best and luckiest thing that has happened to me.
so maybe they saw potential but didn't full-fill it like they thought.

Mr. Ball

You gotta prove it. It can take a lot of time and money buddy.
Just get tell the guy to get a new job.

JCPIP2_98

So many facotrs could have played here. Did the person with the qualifications know if the interviewer was responsible for the final hiring decision; Was this person less qualified for not have the same degree, I have conducted many interviews, personality is a big factor, body language, etc. though this less qualified person did not pass the trial period this probably would confirm that the other person was not qualified. Tell your friend why does she think she did not get the job. Have that person have a mock interview maybe there is something that person is doing and friends would be a great help. It is easy to put blame on others on why things did not turn out. Sometimes the problem is right in front of us it only takes one look in the mirror

One door closes, another one opens

Good luck

honourableone

It is not necesarily age discrimination, it depends on the quality of the interviews they gave., and if the younger applicant did better. Either way, it will be hard to prove.

The "previous applicants..." thing just means that they will do new interviews, and if they like his better than any of the new interviews they will contact him and give him the job.

StingRay

Sounds more like wage discrimination. They can pay some young mug half what They'd pay You.

heyteach

Sounds like it could be to me. Check out this article.
http://www.aarp.org/money/careers/jobloss/a2004-04-28-agediscrimination.html

HorseLover,xo

yeah that's age discrimination!!
do something about it!!

mickey

it could be a relative

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