Can a Prospective Employer Ever Inquire About Your Age?

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Can a Prospective Employer Ever Inquire About Your Age?

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If you are in a job interview and the interviewer asks you how old you are, is that against the law? You know that workplace discrimination is illegal and that age can be a protected class, but is just asking enough to qualify as discrimination? It actually is not. An interviewer can ask how old you are or ask questions that would reveal your age, like when you graduated from college. An issue arises when that information is then used to discriminate against you. If you suspect that this is what is happening, then you should speak to an Atlanta age discrimination attorney.

What Qualifies As Age Discrimination?

The Age Discrimination in Employment Act, also known as the ADEA, protects workers from age discrimination. To be more specific, it says that adults aged 40 and older cannot be penalized due to their age. Just asking for a worker or applicant’s age is not enough to show discrimination though. Instead, it has to be shown that the employer is treating the worker differently based on their age and that is affecting:

  • Whether or not they are hired
  • Whether they receive promotions or raises
  • What kinds of benefits they receive
  • The shifts they are assigned
  • What training opportunities are open to them
  • How they are treated at work in general

If you believe that a current or prospective employer has discriminated against you based on your age, then you may want to report them.

Where Can I Report Age Discrimination?

The state of Georgia does not have its own agency to report age discrimination to unless you are working for the state government. State employees can submit a report to the Georgia Commission on Equal Opportunity.

Everyone else has to report to the federal agency, the U.S. Equal Employment Opportunity Commission. This agency investigates claims of workplace discrimination. They can pursue employers and punish them if they are in violation of federal law, and they can also help workers receive compensation for what they have experienced.

You can file a claim with the EEOC within 180 days of experiencing age discrimination. Then you have to wait to see if the agency will investigate your claim.

Do I Need an Employment Lawyer to File a Complaint?

It can actually be quite beneficial to have an employment lawyer on your side during this process. When you file a claim with the EEOC, you need to be convincing. If any details or evidence are left out, that could make your claim less compelling. A knowledgeable attorney from our firm can help you craft an argument that is more likely to attract the agency’s attention.

Contact Our Law Firm Today

If you believe that you are being discriminated against due to your age, you need to act. Contact Ben Barrett Law and schedule a consultation. Our legal team can tell you more about your options and let you know more about how we can be of assistance.

Our Philosophy

Our firm hand-selects challenging, complex cases that other attorneys won’t touch so we can deliver the highly-personalized attention your case deserves. From consultation to trial, we advocate for employees’ rights, every step of the way.

Our Principle

We base our practice on the principles of service and care. We take the time to truly know each and every client, and we put all of our energy into obtaining the best outcome possible, time and time again.

Our Definition Of Success

We will prosecute your case to the fullest extent possible. If you’ve been wronged by an employer in Georgia, you can count on Ben Barrett Law to fight for you.

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