Laurie Mccann, Senior Attorney With The Aarp Foundation, Noted That Requirements For Jobs Can Be Subtle In Their Discriminatory Nature.

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Wise Tactics Broken Down

EEOC Hearing Witnesses Call for Help With Older Worker Employment

The reason the ADEA is more relevant than ever is people are living longer and wanting to work longer. As witnesses pointed out, some employees want to keep working either for engagement reasons or financial reasons, and some want to retire from their current jobs to pursue ‘encore’ careers. All witnesses noted that age discrimination in employment is still ongoing. Laurie McCann, senior attorney with the AARP Foundation, noted that requirements for jobs can be subtle in their discriminatory nature. For example, specifying a minimum number of years for a position is legitimate, but specifying a maximum number of years of experience (i.e., no more than 10 years of experience) has a clear and predictable disparate impact on older applicants. Similarly, restricting all recruitment efforts for entry-level positions to college campuses and requiring a college-affiliated email address in order to apply will have the foreseeable effect of excluding the vast majority of older applicants. Other employers have required job candidates to be "digital natives." A digital native is an individual who grew up using technology from an early age, versus a "digital immigrant," which refers to someone who adopted technology later in life. This distinction is clearly age-based and can be used to unreasonably and thus unlawfully screen out older applicants. She added that some online job-search sites and applications also can screen out older applicants. For example, some require applicants to include dates of birth or graduation dates in fields that cannot be bypassed.

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