Do I have an age discrimination case?

Asked 6 months ago - New Britain, CT

I was asked..."when did I graduate from college?" That question is forbidden in CT. I was submitted for a job by an agency. Hours later, I received an e-mail from the recruiter stating that the employer had gotten back to her, and they were asking. Before getting to the e-mail, the recruiter called me to get my response. I answered, then never heard from them about my candidacy. After following up repeatedly, I learned that I was not being considered.

Attorney answers (3)

  1. Michael P Devlin

    Contributor Level 5

    1

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    Answered . That question is not legally forbidden per se. The State and federal discrimination agencies may look long and hard as to whether age discrimination occurred, but the inquiry is not forbidden in itself. There is no stereotyped presumption in the law that everyone graduates at the same age. The information is used to verify schooling and degrees obtained, and also to see whether someone is hiding an employment gap. By the same token, applicants are ordinarily asked to provide a complete work history. Someone with 35 years at a company will most likely be older than someone with a two year work history, but the revelation of age does not make the inquiry illegal.

    The above does not constitute legal advice in any specific situation, and is provided for informational and... more
  2. Joshua Harry Erlich

    Pro

    Contributor Level 11

    Answered . Failure to hire cases are very hard to prove. There could be any number of reasons why that employer chose to go in another direction and any number of those reasons could be non-discriminatory.

    That being said, if you are sure, and if you have evidence, that you were not hired based on age discrimination, you should seek counsel with a local employment attorney.

    Joshua Erlich is an attorney in Arlington, Virginia. His response to your question is general in nature, as not... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    Answered . Threshold issue : are you over 40? Federal age discrimination statutes protect only those over 40. Under 40, age discrimination is not unlawful.

    The question is not unlawful, just unwise.

    NOTHING SAID HERE IS LEGAL ADVICE! Read this notice BEFORE you contact me! My posts on Avvo in response to the... more

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