age discrimination

[snowman45106]

What is the name of your state?arizona
Can anyone tell me why I have been looking for a job as a dispatcher and no-on will call me for an interview and I believe it is because of my age as I am 76.

 

[cbg]

No. No one here can tell you why no one will call you for an interview.

How do they know how old you are until they see you? If you're giving them that information, stop. See what happens then.

 

[Just Blue]

No. No one here can tell you why no one will call you for an interview.

How do they know how old you are until they see you? If you're giving them that information, stop. See what happens then.

And actually they can't always tell your age by seeing you...My Dad looked 48 when he was 73.

 

[snowman45106]

The only problem with that is you have to put down your date of birth or the application will not go through.

 

[LdiJ]

No. No one here can tell you why no one will call you for an interview.

How do they know how old you are until they see you? If you're giving them that information, stop. See what happens then.

Honest question....is there no upper age limit where an employer can realistically discriminate? I have been googling and haven't found anything addressing that issue.

 

[quincy]

The only problem with that is you have to put down your date of birth or the application will not go through.

What sort of "dispatcher" job are you applying for?

There are a few exemptions from the Age Discrimination in Employment Act (ADEA). Some exemptions are for types of jobs.

Airlines hiring pilots can legally discriminate against older applicants, for example.

 

[CdwJava]

In some states and agencies, public service jobs have mandatory minimum ages due to their retirement systems. So, if you are looking for a job as a dispatcher for a public agency, that may be part of the problem. Or, perhaps, you lack the desired qualifications.

 

[Taxing Matters]

Honest question....is there no upper age limit where an employer can realistically discriminate? I have been googling and haven't found anything addressing that issue.

There can be in some instances. The Age Discrimination in Employment Act (ADEA) has only two job positions that expressly are exempt from the prohibition on a maximum age: firefighters and law enforcement officers employed by the government. All other positions cannot have an express maximum age unless the employer can argue that an age requirement is necessary as a bona fide occupational qualification (BFOQ). Apart from that employees and applicants age 40 and older are to be assessed on their individual ability to do the job, not on their age.

The BFOQ exception gives employers who can meet it the shot to impose an age limitation, but do it they have to show:

To establish a BFOQ, an employer must demonstrate: (1) that the classification is “reasonably necessary to the normal operation of the particular business;” and (2) that “the employer is compelled to rely on age as a proxy for the safety-related job qualifications validated in the first inquiry.” Criswell, 472 U.S. at 413–14, 105 S.Ct. 2743 (internal quotation marks and citation omitted) (emphasis in original). There are two ways to establish the second prong of this test: (1) the employer had reasonable cause to believe that substantially all persons over the particular age would be unable to perform the job safely and efficiently, or (2) it is “impossible or highly impracticable to deal with the older employees on an individualized basis.” Id. at 414, 105 S.Ct. 2743. (internal quotation marks and citation omitted).​

E.E.O.C. v. Exxon Mobil Corp., 560 F. App'x 282, 284 (5th Cir. 2014). That's not an easy test to meet. This is demonstrated by a further explanation of quincy's comment:

Airlines hiring pilots can legally discriminate against older applicants, for example.

While that is true (at least as it stands now), it is worth pointing out that the Equal Employment Opportunity Commission (EEOC) does not share that view. The EEOC takes the position there should be no maximum age limit for pilots.

The EEOC's view contrasts with that of the FAA. Prior to 12/13/2007 the FAA had a rule that required commercial airline pilots to retire at age 60, setting a maximum age at which pilots could work (and thus precluding airlines from hiring pilots over that age). Congress decided that was too low and passed the Fair Treatment of Experienced Pilots Act which President Bush signed into law on 12/13/2007. The FAA has now amended its rules to reflect this law and require retirement at age 65.

The EEOC nevertheless believes the FAA rule contrary the ADEA. The EEOC lost that battle when it sued Exxon for discriminating against its corporate jet pilots when it forced them to retire at age 65. While corporate jet pilots are not covered by the FAA commerical pilot rule, Exxon argued that the job of hte corporate pilots was essentially the same as the commercial jet pilots and thus the rationale used by the FAA in adopting the rule was equally applicable to its pilots, and thus age 65 could serve as a BFOQ for that position. The EEOC, on the other hand, argued the two positions were significantly different. The U.S. Court of Appeals fo the Fifth Circuit agreed with Exxon that they were essentially the same. The EEOC then argued that the FAA rule was not sound and should not serve as a basis for determining that age 65 could be used as a BFOQ. The court said that while the FAA regulations are not controlling, nevertheless it gave weight to the FAA rule and largely agreed with the FAA's statements regarding the necessity for the rule. See EEOC v. Exxon Mobile Corp., 560 F. App’x 282 (5th Cir. 2014).

The EEOC continues to disagree with the FAA rule and the result in the Exxon matter, as illustrated in a discussion letter issued in 2017 in which it suggests it does not agree with the result. So it is possible that the agency might again take the matter up in case appealable to a different circuit to try to set up Supreme Court review. What this history shows is that it is very difficult for an employer to impose maximum age requirements for any positions other than police officers and firefighters. Such an age limit so far appears to work for employers of commercial and corporate jet pilots because those employers have a regulation from another federal agency — the FAA — to fall back on to justify the requirement. But absent that kind of federal regulation it is tough to meet the requirements to justify a BFOQ.

 

[quincy]

There can be in some instances ... This is demonstrated by a further explanation of quincy's comment: ... While that is true (at least as it stands now), it is worth pointing out that the Equal Employment Opportunity Commission (EEOC) does not share that view. The EEOC takes the position there should be no maximum age limit for pilots. ...

Right. There is a maximum age for pilots. So at age 76, and as I earlier noted, snowman should not consider applying to be a pilot.

I would be interested in knowing what type of dispatcher job snowman has applied for, though.

 

[Taxing Matters]

Right. There is a maximum age for pilots. So at age 76, and as I earlier noted, snowman should not consider applying to be a pilot.

Well, applying to be pilot of any age would be tough if you don't have the pilot's license to begin with.

I would be interested in knowing what type of dispatcher job snowman has applied for, though.

Right. The particular position matters a lot. And, like the pilot position, no matter your age you have to have the qualifications for it. We don't know that the OP is being singled out because of his/her age. I wonder if the OP has tried asking any of people making the hiring decisions why he/she was not given an interview and what might help make the application stronger? Perhaps there is some problem with the application the OP is not aware of.

 

[HRZ]

I have no doubt that it is likely that an application from a 76 year old gets bypassed on age. Age discrimination is not easy to prove and it is a bit of a second class category where some employees receive less protections unde ADEA than say sex or race.

I don't have any good suggestions on how to get a fair shake based on qualification etc wo age in picture . Some older folks are darn fit..and can out work many a younger one and many are darn skilled and seasoned at thier jobs and know how to get things done . (

( The one demanding freight operation where I have some knowledge..the oldest at 76 and one of the younger ones about 39 simply outperform ones inbetween and those don't last long . THat particular operation is small enough to hire by seat of the pants ...and the personal network works and a direct walk in is OK ..Probably a lower scale and more modest benefits than many a major....but it's steady work!
We don't where or what OP seeks ..but OP you seem to need to change / refocus your approach perhaps to situations where you can appear in person if you have the ability to make a good first impression. And crank up your personal network ....that stuff still works!

 

[cbg]

Responders should also keep in mind that this poster has a history on this board as something of a whiner. It's quite legal to discriminate against a 76 year old on the basis that you don't want to listen to him telling sad stories of how badly he's been mistreated all day.

 

[HRZ]

MIssed the history ....agree nobody wants a whiner...and OP needs to be 101 % upbeat in his approach

 

[PayrollHRGuy]

The OP hasn't yet said how he thinks the places where he has applied even know he is 76. He implied he wasn't getting call backs from places where he applied. One would hope he isn't putting DOB or age on his resume or that places where he has applied ask for such on their applications.

 

[quincy]

The OP hasn't yet said how he thinks the places where he has applied even know he is 76. He implied he wasn't getting call backs from places where he applied. One would hope he isn't putting DOB or age on his resume or that places where he has applied ask for such on their applications.

Snowman said the date of birth was required in order to submit the application.

I imagine snowman does not have the qualifications for the job that others have