Potential employer asked age - options please

[ak2]

What is the name of your state (only U.S. law)? NY

potential employer (interviewer in other state, non-US co. w/ US HQ in still other state) asked me my age during phone interview earlier this month. taken aback and knowing the age question was not legal I didn't end the interview as i was interested in the position, paused and responded affirmatively with some reservation about the question, in turn interviewer divulged their age (does that mitigate the issue?), thought i had rapport, was willing to overlook question if I got the job, did not get job, reason given by external recruiter (not the interviewer) was lack of some requirement/certification that was never discussed before or during interview and IMO completely unnecessary to fulfill the job role as described by recruiter + interviewer.

what are my legal options if any? congressman says to contact state attorney general, have absolutely no idea how to proceed and no $. also what should I say/do if this happens again?

many years ago got perfect, 100% accurate legal advice for different issue, look forward to forum comments.

 

[pattytx]

It's not the asking that it's illegal. It's just that USING age, if you are over 40, to make an employment decision is illegal. If they don't ask, they can't use it.

You would have a tough row to hoe, because required certifications/licenses, even if they didn't mention them to you, could very easily be a valid reason for not hiring you (even if YOU don't think they are necessary).

Mountain, meet molehill. IMHO, move on.

 

[Zigner]

What is the name of your state (only U.S. law)? NY

potential employer (interviewer in other state, non-US co. w/ US HQ in still other state) asked me my age during phone interview earlier this month. taken aback and knowing the age question was not legal I didn't end the interview as i was interested in the position, paused and responded affirmatively with some reservation about the question, in turn interviewer divulged their age (does that mitigate the issue?), thought i had rapport, was willing to overlook question if I got the job, did not get job, reason given by external recruiter (not the interviewer) was lack of some requirement/certification that was never discussed before or during interview and IMO completely unnecessary to fulfill the job role as described by recruiter + interviewer.

what are my legal options if any? congressman says to contact state attorney general, have absolutely no idea how to proceed and no $. also what should I say/do if this happens again?

many years ago got perfect, 100% accurate legal advice for different issue, look forward to forum comments.

If you lack a certification that is required for the job, then they don't have to hire you. The age inquiry is a moot issue.

 

[ak2]

There was not word 1 mentioned about certification before and during the interview. Certifications are not required by law to possess in my field and are optional, my particular skills and experience are more than equivalent to the very common technical certification cited. The age question preceded the rejection. My concern/question is whether it is legal to ask me my age during an interview as I am over 40. I doubt you would you give the same answer to a person who has been asked their gender, race, creed or sexual preference.

 

[Zigner]

There was not word 1 mentioned about certification before and during the interview. The age question preceded the rejection and its flimsy rationale
and that is my concern, its legality, as I am over 40.

You do not have to be informed on the requirement prior to or during the interview.

 

[cbg]

The law does not prohibit asking your age. The law prohibits using the answer to make the hiring decision.

Here's the difficult part. Prove that you would have been hired had you been under 40.

 

[eerelations]

Certification doesn't have to be required by law for employers to require it at their workplaces.

 

[las365]

I doubt you would you give the same answer to a person who has been asked their gender, race, creed or sexual preference.

The answer would be the same. Asking the question is not illegal. Discrimination based on the answer is illegal.

It is your burden of proof when you allege discrimination. If you can prove that the ONLY reason you were not hired is because you are over 40, and prove monetary damages you incurred as a result of the discrimination, you may be able to achieve a monetary recovery.

 

[cbg]

FYI, at least at the present time, sexual preference is not a category protected under Federal law, or under the laws of slightly more than half the states. That may be changing, but at least for now, it is legal to discriminate based on sexual preferance in more of the country than it is illegal.

 

[Mass_Shyster]

and prove monetary damages you incurred as a result of the discrimination, you may be able to achieve a monetary recovery.

Is monetary damage required?

 

[You Are Guilty]

There was not word 1 mentioned about certification before and during the interview. Certifications are not required by law to possess in my field and are optional, my particular skills and experience are more than equivalent to the very common technical certification cited. The age question preceded the rejection. My concern/question is whether it is legal to ask me my age during an interview as I am over 40. I doubt you would you give the same answer to a person who has been asked their gender, race, creed or sexual preference.

As has been explained, contrary to popular opinion, there is no such thing as an "illegal question". The reason people tend to shy away from asking certain things is entirely because by doing so, it invites people to challenge the resulting decisions (like has happened here).

However, you still may have recourse. If you are a NY resident, you should read this page and see if it interests you. (There is no cost for you to file).
http://www.dhr.state.ny.us/how_to_file_a_complaint.html

 

[las365]

Is monetary damage required?

Interesting question. I'm not a lawyer. To my knowledge there is no automatic civil penalty under federal law that is payable to the aggreived party by an employer for age discrimination. Perhaps NY state law has something like that.

I was thinking of practical considerations. At the firm where I work, no monetary damages means we don't take the case.