Home > Research Legal Advice > Employment / Labor > I recently went on a job interview. The personnel manager took me on a t...
Asked 12 months ago - Rutherfordton, NC
Flagknows 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?
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.
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
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