I recently went on a job interview. The personnel manager took me on a tour of the plant. She then sat down with me and said she

Asked 12 months ago - Rutherfordton, NC

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knows she's not supposed to ask but wanted to know how old I was. I told her 58. She then said she didn't want to hire anyone that was going to retire in 6 months. She said I was her age. She then asked me if I had any major health problems. Would this be considered discrimination?

Attorney answers (3)

  1. Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered June 11, 2012 15:16. Yes. First, an employer is not allowed to inquire about health conditions until it has made a conditional job offer. Based on the information you provided, the manager violated the Americans with Disabilities Act by asking you this question. You only have 180 days to move forward with such a claim. Second, it is not unlawful to ask your age. However, it is unlawful to refuse to hire you due to your age if you are over 40 as it appears you are. Keep in mind that the manager will likely deny that she said these things if you move forward with a claim. You also have only 180 days to file an age discrimination claim. You should consult with an experienced North Carolina employment attorney before proceeding forward.

    Kirk J. Angel is an experienced North Carolina licensed attorney who focuses his practice on employment law. Mr.... more
  2. Contributor Level 12

    Answered June 14, 2012 18:16. It appears you have been discriminated against. You should read the regulation on a NC EEOC site and then decide what you want to do.

    Here is a page to the Raleigh office, but other offices probably have the same info online.

    Any information is provided for educational purposes only. No attorney-client relationship exists between any... more
  3. Contributor Level 7

    Answered June 11, 2012 07:26. Yes. Did you get the job? You'll want to contact an employment law attorney in NC immediately to discuss your situation.

    Scott S. Luzi
    Walcheske & Luzi, LLC
    www.walcheskeluzi.com

    This response is for general informational purposes only and does not constitute legal advice, create an attorney-... more

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