Age disrimination in hiring

[Over 40]

What is the name of your state (only U.S. law)? Texas I didn't get a job after a rigorous testing and interview process last year. EEOC is saying I have no proof. Interviewer asked 3 questions 1) "You look like you are about my age, I'm 60." I simply replied, "You do not look 60." 2) How is your energy level in the afternoon? 3) It takes 3 years to be fully trained for this position, so if we hire you, how long would you expect to be working here?. After taking a battery (7-9) assessments on line, I was told I had some of the highest scores they had seen. I was also asked how I scored so high on the "engineering" & "mechanical aptitude tests having not had an engineering background. My question is, how do you get proof of discrimination if recording an interview without them knowing is illegal and there is also no employer who allows you to record or video an interview. EEOC seems to be of no help whatsoever in this case. Why is it illegal to discriminate against people 40-65, but pretty much no way to prove it happened?

 

[commentator]

You took this to EEOC, and they did not see a pattern of harassment or discrimination against older people in your specific situation. You might shop it to an attorney or two, but if EEOC doesn't issue a right to sue letter, I strongly suspect none of them are going to be interested. They will have every reason in the world including that they hired someone more qualified, that not to hire you besides your age, and frankly, it is almost impossible to say it was solely because you were "older" that you were not hired. Move forward. It's hard to make anyone hire you.

 

[Over 40]

You took this to EEOC, and they did not see a pattern of harassment or discrimination against older people in your specific situation. You might shop it to an attorney or two, but if EEOC doesn't issue a right to sue letter, I strongly suspect none of them are going to be interested. They will have every reason in the world including that they hired someone more qualified, that not to hire you besides your age, and frankly, it is almost impossible to say it was solely because you were "older" that you were not hired. Move forward. It's hard to make anyone hire you.

The EEOC won't investigate. They say I have no proof. It is "he said, she said" because there is no document or recording of the interviewer asking me those questions. If they don't look to the company for documents showing age of applicants and a pattern of hiring only those under or near 40, how would I ever have proof? Why would they not investigate, but expect me to provide all the "confidential proof" that I could not possibly have access to?

 

[cbg]

Okay, let's try this.

What EVIDENCE do you have that you were turned down because of your age and not because the employer found someone whose qualifications were a better match?

True story. We had someone apply for a job with us (this was a few employers ago) who was turned down because the candidate we hired had better qualifications. A few months later someone else left and we posted their position as well. The candidate who had been turned down called about the new listing and as soon as she heard who the employer was, screamed in my ear, "You people discriminate on account of age! I know that because I applied before you and you didn't hire me!" and then slammed the phone down. Curious, I pulled out her prior application. The woman we hired into the first slot was OLDER than the woman who assumed there could be no other reason than age discrimination why we didn't hire her.