Do you ask applicants what year they graduated from high school or college (or otherwise finished their education)? Does your application request that information?
As this case shows, that seemingly innocuous question could trigger an age discrimination lawsuit if an applicant’s graduation year makes it clear he’s 40 or older, and then you wind up hiring someone younger.
Limit your questions about education to specifics like course of study and degrees earned.
Recent case: When Jason interviewed for a job with an Illinois insurance company, the hiring manager asked Jason when he graduated from college. He replied: 1989.
The company eventually hired another applicant, who revealed during his interview that he graduated in 1994.
Jason sued, alleging age discrimination.
The court let Jason’s case proceed to a jury trial, reasoning that the company could have deduced that Jason was older than 40 by doing some simple math. And it was likely the candidate who graduated in 1994 was under 40 at the time. (Nieman v. Grange Mutual Insurance, et al., No. 11-3404, CD IL, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Want to project 'Younger' image? Beware age-Bias risks
- Protect disabled staff from harassment
- When worker claims bias or harassment: document, investigate and communicate
- What's the full list of off-limits job interview questions in California?