Age Discrimination

[chin]

I applied for 2 positions for with my company in Texas. I have worked for them for 4 years and have a good work record. I meet every requirement for the position and was even told by the Department Manager you will like it in that position at the end of the interview. This was a very rush job posting because the Customer Service department was being outsourced and the Parent company wanted to fill the positions I applied for with current employees. The Company has had a policy of a 5 day Posting of open positions open to all employees Nationwide. In this case the company had a rush one day posting and a one day marathon interview parade the next day. They were hiring approx 150 people for the new positions. The process included a online sales evaluation test, and a interview. I was told the other criteria was previous job performance and Supervisor and Manager evaluations. When I interviewed the manager could not find my application. I am over the age of 40 and since I have been with the company for a few years was at a higher pay rate than the position pay range. I found out another individual got the position and was lateraly transfered with out a pay cut and she was very close to my pay. Let me list some of the discrepancys that occured during this wirlwind event. people were hired that did not even apply for the positions. people were hired that did not interview for the position. no attempt was made to notify every employee of the company of the positions. people were hired off the street that did not meet the requirements of the positions. There was one person over 40 hired for these positions. My question how can this be a fair process if the same criteria is not used for selecting individuals? how do you score someone with no work history with one off the street or with no performance factors. Why would you pass older experienced workers. If I file a EEOC complaint for age discrimination don't they have to show how they evaluated each person hired with a matrix showing the scores for each critera used for selecting cantidates and furnish scores as used to offer positions? I feel I have been discriminated against because I made too much money and my age. I would of liked to have be given a offer even if I refused the position. Please feel free to comment or offer advice on this situation. Thanks

 

[Beth3]

An employer is not required to have a fair recruiting process, comply with their own posting policy, or even have a recruiting policy that makes sense. They can hire a chimp from the zoo to fill a job if they wish. The only thing they're required to do is have a legal recruiting process, which means no discrimination on the basis of age, race, gender, age, handicap, national origin, religion, military service, and, in a few States, sexual orientation.

Before commenting further, I'm wondering how it is you are certain that out of 150 filled positions, only one is over 40?

 

[chin]

I know because I know everyone in the building and the majority of the employees are early 20's to 30 there are olnly approx 30 employees over 40 out of 800

 

[cbg]

Chin, I am 44 years old and as as recently as last year I had someone who was absolutely dumbfounded to learn that I was older than 35. You can't always tell how old someone is by looking at them.

 

[Beth3]

cbg is right - it's very hard to tell how old someone is by looking at them, unless they're very young or very old.

In any event, if your statistics are correct, then it makes age discrimination considerably less likely. Less than 4% of their workforce happens to be over 40 years of age. OF COURSE the vast majority of those they selected for these jobs were under 40.

If 97% of the workforce were green, would it be a really big surprise to find that the overwhelming majority of those selected from the current workforce to go work in a new division happened to be green as well?

It's certainly possible the hiring manager didn't want you for some reason that had nothing to do with your age.

 

[chin]

I got on this board for advice on age discrimination not lectures on my ability to judge peoples age. I trained each and every one of the people they hired with the execption of 15 from outside. I'm looking for information on age discrimination from a hireing perspective. As a Department Manager I had a Race EEOC case and they asked me for my records of the tests I gave and the values for every thing that was used to determine who was hired. In my case I sent the examiner copys of the tests they took and criteria used for for experience and point values for each. Totally fair since it strictly went by the total score achieved and they got the position. so you guys are telling me company don't have to do this any more?

 

[small town term]

I would suggst checking with an attorney. Here you are getting what you pay for, it's a great place to bounce ideas around but if you seriously believe you have been discriminated against contact a professional. As a general rule of thumb (in my opinion) law is written by business persons for business persons. After all it is a powerful lobbying force; a factor which lawmakers take seriously. Bottom line: if you feel you are right get experienced legal advice. Hope the best no matter the decision you choose.

 

[cbg]

Chin, there is no way for anyone on a bulletin board to tell you with assurance that you do or do not have a case. The best we can give you is educated guesses based on the information you provided, and point you in the best direction. If you truly think you have an age discrimination case, you already appear to know what to do, and that is call the EEOC.