Job Applicant Age Discrimination Claim

The U. S. Equal Employment Opportunity Commission (”EEOC”) announced in a July 31, 2009 Press Release that EEOC attorneys filed an age discrimination lawsuit against the City of Greensboro, alleging that the city violated federal law by refusing to hire a qualified 58-year-old job applicant because of his age and, instead, hired younger, less qualified applicants.  More specifically, the Press Release states that the 58-year-old applicant applied for a position with the city as an Electronic Processes Specialist in June 2007.  According to the EEOC, the position generally involved maintenance of the city’s radio communication systems for first responders, and, although the person was qualified for the position, the city selected three substantially younger applicants, all under the age of 40, at least one of whom was less qualified.  See, http://www.eeoc.gov/press/7-31-09b.html .  The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination against persons age 40 and over under the Age Discrimination in Employment Act or ADEA.  In July, the EEOC held a public hearing on age discrimination and barriers to the employment of older workers.  In this regard, information about that hearing may be found at http://www.eeoc.gov/abouteeoc/meetings/7-15-09/index.html .  An EEOC attorney quoted in the Press Release about the age discrimination lawsuit stated as follows: “It is not only unfair for employers to make unfounded assumptions about an individual’s ability to perform based on age, it’s illegal and might subject employers to federal lawsuits.”  As such, victims of age discrimination in the workplace may contact the EEOC and an attorney to determine if an age discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential age discrimination claim.