Age Qualifications
"Hundreds of thousands not
yet old, not yet voluntarily retired, find themselves jobless because of
arbitrary age discrimination …. In economic terms, this is a
serious—and senseless—loss to a nation on the move. But the greater
loss is the cruel sacrifice in happiness and well-being which joblessness
imposes on these citizens and their families."
—Lyndon B.
Johnson 36th President of the United States
The ADEA makes it unlawful to include age preferences,
limitations, or specifications in job notices or advertisements. A job notice
or advertisement may specify an age limit only in the rare circumstances where
age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably
necessary to the normal operation of the business. 
Pre-Employment Inquiries
The ADEA does not specifically prohibit an employer
from asking an applicant's age or date of birth. However, because such
inquiries may deter older workers from applying for employment or may otherwise
indicate possible intent to discriminate based on age, requests for age
information will be closely scrutinized to make sure that the inquiry was made
for a lawful purpose, rather than for a purpose prohibited by the ADEA.
For a free consultation about age discrimination in
the workplace with an experienced employee rights attorney, contact David
Spivak:
For further information on your rights in the work
place, please visit our other websites:
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