Age discrimation / Job Interview

[NeonMoon]

NJ. I went on an interview last week. The recruiter interviewed many candidates for this Executive Assistant position. I was the only candidate that the employer actually invited to the office for the next round / in person interview. It went well. The recruiter followed up with me and I was not selected to move forward. The recruiter said.. and I quote "XYZ said they need smeone who's more quick and adaptable." Note that i am 62 but don't look my age at all. There were no assessments done, not necessary since my resume speaks volumes for my experience to support the CEO. Is this a classic example of age discrimination?

 

[cbg]

Not that I can see. "Quick and adaptable" in this context has far more to do with attitude than physical ability.

 

[NeonMoon]

Not that I can see. "Quick and adaptable" in this context has far more to do with attitude than physical ability.

I stressed how much I learned having just left a leading software company and working for one of the top leaders in the company. I am extremely quick to learning new software etc. so I would say that I can't agree with you on that one.

 

[cbg]

You are free to contact the EEOC if you are convinced that the only reason you were not hired is your age. I think you are reading things into the comment that are not there, and even an EEOC claim is not going to force them to give you a job. But it's your time to waste.

FYI, I used to be the one who taught employers what was and was not illegal discrimination, and I have disciplined executive vice presidents for discriminatory behavior. So it's not like I don't know what to look for or am biased in any one direction.

But you do what you want.

 

[commentator]

Having been involved in hiring and working with people who have and have not been hired and fired all my work life, I will have to say that this is a comment, reason for not hiring that has been used with people of all ages, and your chances of sustaining any sort of EEOC issue because they did not hire you would be very slim to none. Age was not mentioned in any way. Slow and unadaptable might be a characteristic of an older person, or a young person who was just that way at thirty years of age.

 

[Taxing Matters]

It depends on exactly what the employer said and did. If the employer engaged in illegal discrimination your remedy is to sue the employer for money damages. You would have the burden of proving the discrimination, and that means proving that it was your age and not anything that was the reason for rejecting you. That can be hard to do. Age discrimination claims are among the hardest employment discrimination cases to win. If the employer understands the requirement at all it can paper the decision to be about something other than age that may be hard to refute. See the U.S. Equal Employment Opportunity Commission (EEOC) page on Age Discrimination for the federal law and the NJ Attorney General Civil Rights Division's Age Discrimination facts sheet for more information on NJ state law. Before you may sue you need to file a complaint with the EEOC and/or the NJ Civil Rights Division and the time frame to do that is not very long. The time you have under federal law depends on whether the state also has and enforces a similar law. See the EEOC page on Time Limits for Filing.

After you read up on the rules if you think you have a claim to pursue I suggest you contact a lawyer who litigates illegal employment discrimination cases ASAP before you file any complaints with government agencies. How you write up the complaint is important and you want to make sure you get it right for your best chance to succeed, and the lawyer can draft the complaint for you. The initial consultation with the lawyer is typically free. Most lawyers handling these kinds of cases take them on a contingent fee basis, which means the lawyer's fee is a portion of whatever amount you end up getting out of the case. No recovery, no lawyer's fee. You might still have some other costs besides the lawyer's fee, though, so be sure to ask the lawyer exactly how the fee agreement works and read over the fee carefully. I suggest you consult 2-3 attorneys to get a better feel for your chances and to find an attorney who you feel will do the best job for you.

 

[Bali Hai Again]

I stressed how much I learned having just left a leading software company and working for one of the top leaders in the company. I am extremely quick to learning new software etc. so I would say that I can't agree with you on that one.

Some insecure “leaders” feel threatened by someone they perceive as knowing more than they do. I’ve seen that many times and people who were qualified to be hired or promoted were pigeon-holed and held back for the very reason they should have been selected. They will find a “legal” reason not to hire you and you’re are better off in the long run finding employment elsewhere.

 

[NeonMoon]

Just for the record, the interviewer was also twenty something years old.

 

[cbg]

Which does not change the answer at all.

 

[NeonMoon]

It depends on exactly what the employer said and did. If the employer engaged in illegal discrimination your remedy is to sue the employer for money damages. You would have the burden of proving the discrimination, and that means proving that it was your age and not anything that was the reason for rejecting you. That can be hard to do. Age discrimination claims are among the hardest employment discrimination cases to win. If the employer understands the requirement at all it can paper the decision to be about something other than age that may be hard to refute. See the U.S. Equal Employment Opportunity Commission (EEOC) page on Age Discrimination for the federal law and the NJ Attorney General Civil Rights Division's Age Discrimination facts sheet for more information on NJ state law. Before you may sue you need to file a complaint with the EEOC and/or the NJ Civil Rights Division and the time frame to do that is not very long. The time you have under federal law depends on whether the state also has and enforces a similar law. See the EEOC page on Time Limits for Filing.

After you read up on the rules if you think you have a claim to pursue I suggest you contact a lawyer who litigates illegal employment discrimination cases ASAP before you file any complaints with government agencies. How you write up the complaint is important and you want to make sure you get it right for your best chance to succeed, and the lawyer can draft the complaint for you. The initial consultation with the lawyer is typically free. Most lawyers handling these kinds of cases take them on a contingent fee basis, which means the lawyer's fee is a portion of whatever amount you end up getting out of the case. No recovery, no lawyer's fee. You might still have some other costs besides the lawyer's fee, though, so be sure to ask the lawyer exactly how the fee agreement works and read over the fee carefully. I suggest you consult 2-3 attorneys to get a better feel for your chances and to find an attorney who you feel will do the best job for you.

Another note worth mentioning is...... Despite being rejected for the job (I was sought out by a recruiter who informed me that I was not adaptable per the interviewer).... I applied again thru Indeed. The interviewer reached out to me and asked me to apply thru their company website. She clearly didn't make the connection but thought that I was qualified for the job hence reaching out to me. When I emailed her, I told her I already applied and she immediately wrote back and said I wasn't moving forward. So.... on paper I meet the qualificiations, but in person I don't. Hmmmmmmmm The other issue is that my "family" name could be misleading in my religious beliefs. It's quite possible that this helped me get a foot in the door for an interview. Once in front of her, she realized I was not was she expected. I would have been the minority and this could also be a reason for me not moving forward in the process. If this is the case, which I can't prove, it would be sad because clearly, I had no issues with where I could have worked.

 

[zddoodah]

I went on an interview last week. The recruiter interviewed many candidates for this Executive Assistant position.

Is the recruiter an employee of the employer or an outside person? How many is "many," and how do you know how many people were interviewed?

I was the only candidate that the employer actually invited to the office for the next round / in person interview.

How do you know this?

The recruiter said.. and I quote "XYZ said they need smeone who's more quick and adaptable." Note that i am 62. . . . Is this a classic example of age discrimination?

I don't know what "classic example" means, but it was a dumb thing to say. The only relevant question is whether the employer (or an agent of the employer) discriminated against you based on age, and we have no way of knowing whether "more quick and adaptable" was code for younger. Probably the most important thing to know would be the age and qualifications of the person who was/is ultimately hired for the position. Do you have that information?

I . . . just left a leading software company

Why did you leave your prior job without having another job already lined up?

I was sought out by a recruiter who informed me that I was not adaptable per the interviewer

OK...I don't expect you to know the answer to this question, but what factual information caused the interviewer to form this conclusion?

So.... on paper I meet the qualificiations, but in person I don't.

OK. Nothing unusual there.

 

[quincy]

Another note worth mentioning is...... Despite being rejected for the job (I was sought out by a recruiter who informed me that I was not adaptable per the interviewer).... I applied again thru Indeed. The interviewer reached out to me and asked me to apply thru their company website. She clearly didn't make the connection but thought that I was qualified for the job hence reaching out to me. When I emailed her, I told her I already applied and she immediately wrote back and said I wasn't moving forward. So.... on paper I meet the qualificiations, but in person I don't. Hmmmmmmmm The other issue is that my "family" name could be misleading in my religious beliefs. It's quite possible that this helped me get a foot in the door for an interview. Once in front of her, she realized I was not was she expected. I would have been the minority and this could also be a reason for me not moving forward in the process. If this is the case, which I can't prove, it would be sad because clearly, I had no issues with where I could have worked.

Here is a link to your previous thread:

https://forum.freeadvice.com/threads/got-laid-off-and-am-already-replaced.664351/

Is it possible that this new company contacted your previous employer and your previous employer did not provide a glowing review of your time with them? Has the health “procedure” you mentioned in your previous thread adversely affected your ability to perform the job?

 

[NeonMoon]

Is the recruiter an employee of the employer or an outside person? How many is "many," and how do you know how many people were interviewed?
The recruiter told me that they were exclusive to the company in finding them a candidate. She said I was the only one that was invited to an "in person" interview



How do you know this?

The recruiter told me. I am not shy and asked if I am up against alot of candidates.


I don't know what "classic example" means, but it was a dumb thing to say. The only relevant question is whether the employer (or an agent of the employer) discriminated against you based on age, and we have no way of knowing whether "more quick and adaptable" was code for younger. Probably the most important thing to know would be the age and qualifications of the person who was/is ultimately hired for the position. Do you have that information?

The recruiter didn't know my age/


Why did you leave your prior job without having another job already lined up?

I was laid off from a company that I worked at for 3 years. A global leading software company. I worked for the Global Head of a department within. Obviously very fast moving, change gears on a dime, handle multiple things at once so yes... I am very easily adaptable. That is why i call BS on what this interviewer said. I had a short term gig as a temp for a month to bring in some income. Temp ended


OK...I don't expect you to know the answer to this question, but what factual information caused the interviewer to form this conclusion?
I have my suspicions as to why she didn't hire me. She's much younger, perhaps she felt threatened by me (women can be that way when they, themselves are insecure) and I didn't fit into their culture.



OK. Nothing unusual there.

 

[NeonMoon]

Outside recruiter

Here is a link to your previous thread:

https://forum.freeadvice.com/threads/got-laid-off-and-am-already-replaced.664351/

Is it possible that this new company contacted your previous employer and your previous employer did not provide a glowing review of your time with them? Has the health “procedure” you mentioned in your previous thread adversely affected your ability to perform the job?

They didn't contact the employer and my health "procedure" is not noticeable.

 

[quincy]

Outside recruiter

They didn't contact the employer and my health "procedure" is not noticeable.

So the employer did not check out your references before the interview?

It is possible that something you said or your demeanor during the interview, rather than your impressive resume, led to you not being selected for the position.

Your last comment to zddoodah, for example, gives me pause (“She’s much younger, perhaps she felt threatened by me (women can be that way when they, themselves are insecure) and I didn’t fit into their culture.”).

Whatever the interviewer thought, nothing you have said (so far) screams illegal discrimination. You just weren’t what the company was looking for, despite your past job experience.