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I feel I was discriminated due to my age for being hired. Can I legally request for their resumes. And how do I do that.

Flushing, NY |

I have 25 years of experience in my field, but most fo the hirees look under mid thirties. I understan some of them have unrelated back grounds

Attorney Answers 3


  1. Best answer

    You cannot acquire resume materials about the other applicants except in the course of a legal action. But these materials would not prove your contention in any event. The law does not require an employer to hire the "best qualified" candidate. The law does not even define the "best qualified" -- by experience or by any other criteria. A candidate with no work experience whatsoever can be hired by the employer as the best candidate based on other factors: potential, appearance, attitude, versatility, personal relationship, family connection -- and many many more.

    Your legal right is to be free from denial of employment because of your age. But that does not mean -- and can be a long way from -- being legally entitled to be hired based on experience, training, education, or any other specific criteria that you assume is the operative indicator of "qualified." The person who puts up the capital is the one who gets to decide what are the elements of qualified and best qualified.

    The exception to these principles is in public agency employment. In public employment, it is generally the case (for at least most of the workforce) that the qualifying criteria have been decided in advance and published as measures that the employer is required to utilize in choosing the "best" candidate.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship set forth in a written document executed by the client and by me or a member of my firm. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. I can give advice, make recommendations and answer specific questions only after reviewing the evidence and documents applicable to a specific client and following a personal meeting in my office in which the relevant facts can be developed and analyzed. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


  2. I don't think you can legally require an employer to give you someone else's resume. Consult with an employment lawyer about possible age discrimination. Try the Find A Lawyer tab on Avvo.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. If you feel you were the victim of age discrimination arrange a free consultation with an experienced and highly rated employment attorney in your area.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction.

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