With ads “you never want to have a maximum number of years of experience requirement,” added AARP’s McCann. “We are representing an out-of-work attorney who applied for a legal job with CareFusion [Kleber v CareFusion] and was not interviewed, despite years of valid experience.” The CareFusion job ad the plaintiff answered stipulated applicants should have no more than seven years of experience.
“It’s fine to hire someone who is a good fit for your firm, but we believe to create a black-and-white bar that clearly screens out older workers violates the law. You owe qualified job applicants an interview and you may discover that the person is the absolute best fit,” McCann said.
Hiring materials, including ads and brochures, should reflect all age groups, Gabor said. Recruiters and human resources staff should be trained to avoid not only assumptions and stereotypes based on age, but leading questions or statements that can be construed as age bias.
National restaurant chain Seasons 52 settled an EEOC lawsuit for $2.85 million earlier this year after more than 135 applicants provided sworn testimony that company managers around the country made age-related interview statements such as, “We are really looking for someone younger.”