Announcement

Collapse
No announcement yet.

Presumed age discrimination California

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Presumed age discrimination California

    An acquaintance knows I visit sites like this one and ask me this question. How does he prove or make a case that he was not hired due to his age (over 50) Several times over last few months he has interviewed for a Loss Prevention type position an din many of those interviews the interviewer remarks on how knowledgeable he is or other positive remarks outside a typical thank we will get back to you. Some have even seemed excited! Yet he never gets called for second interview or call at all. Once (from Mass merchandiser) he got generic email saying he wasn't hired. He is assuming his age is the factor here because most of these interviews went VERY well with several positive comments or feedback. What can do he do? I told him I had no clue but would ask the right people. Because we are in same profession he came to me
    http://www.parentnook.com/forum/

  • #2
    He might not be able to prove it & it might not be true that he wasn't hired due to age. It would probably be almost impossible to find out if others over 50 were not hired but others hired were under 50 (though anti discrimination law starts at 40 fed. & Ca.) He would still need to prove in some way that it was due to age. There are many people competing for the same job & only 1 can be hired.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Agreed but he states this has happened m more than once when interviewer ranted about him only to be told they chose someone else or no contact at all. since the job has some physical demands (depending on store policy) he is wondering if his qualifications and great interviews are being ignored due to his age. I pretty much said what you did how can he prove it.
      http://www.parentnook.com/forum/

      Comment


      • #4
        This is reminding me of a true story that happened back when I was working for a third party benefits administrator. This was back in the days when dinosaurs walked the earth and jobs were advertised in the newspaper. We had a job posted and I took a call from a potential applicant. I had taken some preliminary information from her when she suddenly shouted that knew who we were, she'd applied to us before and we discriminated based on age - she knew that because she hadn't gotten the job! Then she slammed the phone down in my ear.

        Curious, I did some checking and found that she had indeed applied with us before. She hadn't gotten the job, that was true. But it wasn't because of her age that she hadn't been hired; it had been because the successful applicant had better qualifications. The successful applicant, btw, was ten years older than the woman who was sure she'd been discriminated against.

        Panther, you tell your friend that yes, it's POSSIBLE that there is age discrimination going on. Only an idiot would believe that it never takes place. But unless he knows - not just suspects, but KNOWS - not only the age but the qualifications of the successful applicant for each job, his chances of proving it are about zip.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          As I told he and I both can be 90% sure it was due to age and no other issue it wont matter. He has nothing that shows it was age related. Even if they hired a 20 something which is actually the norm for this type of position he sought. In fact I doubt there were any applicants his age. I did tell him I would ask experts and get back to him and I have thank you all
          http://www.parentnook.com/forum/

          Comment


          • #6
            You're welcome. I hope your acquaintance finds a job.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I had 2 cases similar to this. Someone made a huge stink that they did not get theHR position and she was totally convinced it was age discrimination. I was the one who got the job and not only did I have more experience than she did, I was 2 years older.
              The second was a gentleman who was convinced his wife hadn't gotten a job because of her race. And the newly hired person was the same race as his wife, and his wife didn't meet the basic qualifications.

              When interviewing, the interviewer should be interested and my goal is for every person to walk out of an interview without feeling they had been dismissed during the interview because they didn't fit the position well.
              Now, answer a cellphone during the interview, and you will quickly know that the interview was cut short!

              The point I am trying to make is that it may appear that he isn't getting the job due to age, but without knowing ALL the details, you'll never know.
              It could be he isn't as qualified as he thinks, it could be he doesn't interview well or maybe there is someone internally they chose to hire.

              I think it's self defeating to just chalk it off as age discrimination without any factual basis.

              Good luck to you friend. I got my last job at 49.
              I find that the harder I work, the more luck I seem to have.
              Thomas Jefferson

              Comment


              • #8
                BTW, my mother changed jobs three times between the ages of 55 and 71, when she finally retired. I got my current job four years ago at the age of 53.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  My brother in law was also in the world of LP. His store closed and he was unable to get a job in that field. It wasn't age discrimination but the fact that during the recession many stores had closed. Also how companies manage LP has changed. Stores are more likely to let small shoplifters go rather than risk injury to an employee or customer. So less LP are needed at a store and the pool of applicants in greater.

                  My brother in law switched fields. His current job doesn't pay as much but it is enough to keep his bills paid. On the plus side, he doesn't have people pulling guns and knives on him.

                  Comment


                  • #10
                    In case its his age (doubtful) I gave him some retailers who do not catch or detain shoplifters so any concern of lack of physical skills to chase or struggle are non issues. Many retailers use a LP presence but they do little more than a Walmart door greeter
                    http://www.parentnook.com/forum/

                    Comment


                    • #11
                      I'm not sure why he is assuming it was his age. One would think his approximate age would be obvious from a resume or application. If the work history goes back to the 80's, you know you aren't dealing with a 30 year old. Typically employers interview at least 3 people for each position and can only choose one. Unless they are making age related remarks or his can prove that the selected candidate was younger and had inferior qualifications, you really don't have much. You ay that this job is typically performed by those much earlier in their careers so it could be that he is overqualified. It might be that his salary history would place him above what the company is offering or they assume he won't be there long and just applied to cover his bases until something more in keeping with his experience comes along.
                      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                      Comment


                      • #12
                        As Morgana said, it is self-defeating to assume it's age discrimination. I know it's difficult to keep a positive outlook when job searching, but seriously, advise your friend to get out of that mindset if at all possible. It quickly leads from "this person didn't hire me because I'm too old" to "No one is going to hire me because I'm too old." And believe me, if he starts thinking that way, he will carry that with him into future interviews, and a trained interviewer is going to pick up on it, whether it's verbalized or not. They will see that he doesn't have confidence in himself and it's going to make him interview poorly, and it will become a vicious cycle.

                        Candidates almost never find out the real reason they weren't selected for a job. When you aren't, it's best to just think of it as interview experience and move on to the next one. I know that's easy to say and harder to do, but it is what's needed.

                        Comment


                        • #13
                          My mother successfully changed jobs three times between the ages of 60 and 72 (when she finally retired).

                          I was 53 when I got my current job. And I've been in it long enough to be vested in the pension plan.
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Thread from March 2015. panther - do you know if your acquaintance ever got a job?
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment


                            • #15
                              Sorry, I swear there was something here yesterday that made this appear as a new thread.

                              Comment

                              Working...
                              X