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Does advertising that applicants who graduated before a certain time will not be considered violate age discrimination laws?

San Diego, CA |

I received an e-mail from that said "We just found new jobs that you may be interested in based on the information you included in your CareerAdvocate profile!". One of this jobs was in San Diego. When I clicked on the link to read about that job, it said that one of the requirements was:

"The successful candidate MUST be pursuing their degree or have graduated within the past 12 months."

The capitalization is in the original; I did not add it.

Is the employer allowed to exclude everyone who graduated over 12 months ago?
If this is illegal, and I wish to sue them, would I need a lawyer in San Diego (where the job is) or a lawyer where I am (Ventura County)?

Also, I am 36 now. Do I have to wait until I am 40 to be able to file the suit?

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Attorney answers 1


A job requirement that excludes a protected segment of society may be discriminatory, unless it can be shown to be bone-fide qualification of the job. But it is true, to fall within the protected classification of age, you must be 40 or over. At 36, you would not have standing to sue for age discrimination.