You Are Not Hired: Age Will Matter and This Is A Job For A Man!

Sometimes people can be pretty obtuse.

It’s one thing to disguise discrimination, use code words or simply say nothing. It’s another to come right out and say something that is facially violative of the anti-discrimination laws.

Two staffing agencies are the examples here.

Age will matter

According to a newly filed EEOC suit, a New Jersey IT staffing firm allegedly told a job applicant that it wouldn’t refer him for a position to a client because he was “born in 1945” and “age will matter.”

Ever hear of the Age Discrimination In Employment Act (“ADEA”), and how, as the title so cleverly suggests, it prohibits age discrimination in hiring and employment?

Age will matter?  The EEOC regional director noted drily: “Actually, the only things that matter are abilities and qualifications, and the EEOC is here to help make sure that’s the way it is in American workplaces.”

This is a man’s job

An Alabama staffing agency agreed to settle the second EEOC suit – for $50,000.  What was said?

The EEOC alleged that a female applicant attended a career fair and attempted to apply for a shipping-and-receiving position for which the agency was recruiting.  The agency recruiter refused even to consider her, because, he told her, “This is a man’s job,” “not suitable for women,” and “the work is difficult.”

Ever hear of Title VII, and how it prohibits sex discrimination in hiring and employment?

Takeaway:   We’ve been posting articles for years telling employers what the employment discrimination laws are and how to comply – will some folks simply not listen and learn?


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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]