I think I'm a victim of age discrimination and it hurts

[Seedersandleechers]

Yesterday I had a job interview to which I was highly qualified. The interview went great as I was hired on the spot, offered more money then I wanted, offered the hours I wanted , and offered the shift that I wanted. When I was getting ready to leave the interview I had to fill out some personal information such as date of birth because the job requires a background check by the KBI. I had a funny feeling when I handed her the information that things were not going to go well. I look like I'm in my early 40's but I'm actually 59. Sure enough, I just received a e-mail saying I passed the background check but now only wants to hire me part-time. I'm thinking it's because the company doesn't want to give me any benefits because of my age. Am I jumping too much to conclusion as my son suggests?

[SharonAnn]

1. Probably not. But, trying to prove in a legal suit would be next to impossible.

[slackmaster]

2. I believe that I have been passed over for additional responsibilities and promotions because of age

But it's very, very hard to prove. HR people and experienced managers have a lot of ways to cover their tracks, and in some cases may not even be aware that they are discriminating.

[Seedersandleechers]

7. I feel like I've just been punched in the stomach

Worse then a great lover leaving you for someone else.

[DonRedwood]

21. What if...

What if they had some really good applicants and they decided, "Hey, why buy the whole cow when we can give a couple of people half-time and we see who does the best job before we commit to full-time?" I think it is awesome you made it to the cut where you can get your foot in the door. Lots of 20-somethings would kill to be in your position. Your experience should show them quickly that you are an excellent employee.

I'm 40-something and have six people under me at work. Two are younger and the other four are 58, 59,61 and 63. We are the best team in our whole work-force with the least amounts of complaining/problems and the best attendance. One of them has over a year of sick leave she's never used. The only thing I don't like about my job is every once in a while I think ahead to the next couple of years and I see the holes left in my team as they retire. Sigh... sometimes I wish they would raise the retirement age just so I could keep them with me longer!

My best wishes to you as this plays out. There are a lot of people looking for work so take time to pat yourself on the back for what you have accomplished.

[dana_b]

3. I agree with you

you are probably being discriminated against. It seems to be more and more prevalent today and increasingly difficult to prove. I hope they change their minds.

[provis99]

4. get a job with the government, not the private sector.

You're a whole lot less likely to be discriminated against in a government position; private employers do whatever the hell they like.

[Seedersandleechers]

9. The job was working for a government run county jail

Last edited Tue Apr 10, 2012, 07:00 PM - Edit history (1)

I'm a nurse with 8+ years of correctional nursing experience but the medical department was outsourced to a for profit company. I started my nursing career working at that same jail.

[provis99]

27. this damned trend towards privatizing government functions is ruining everything.

we're not far away from privatizing the police and military, IMO.

[Sarah Ibarruri]

5. You might be discriminated against. It could be they're wanting to 'test' your ability first.

These people suck. Actually work in the U.S. sucks. If you can afford part-time, and want this job, I would advise them I'm looking for a full-time job and ask them to give you a time frame on how long it will take until you're on full-time.

[Seedersandleechers]

11. I started my nursing career working at the very same facility.

I know the job inside and out and she knew that. And yes, working in the US does suck!

[Sarah Ibarruri]

13. Totally! I worked abroad and know it for a fact!

You know, if that's a job you know fully, they understand that already, but you can nudge them with that too. It'd be downright stupid to hire someone younger who doesn't know much, when they could have the creme de la creme of knowledge.

On the other hand, as we're discussing, the American workplace is frikkin' stoopid, and the epicenter of all this stupidity is the Harvard Business School. I swear to God they need to call HBS, the Harvard Bletherskate School. The dumbest business ideas, the ones that have turned this country's workplace to crap, are all found there in a tight little bundle of batshit which is continuously disseminated.

[sarcasmo]

6. That sure sounds like a good case for a lawyer looking to make a name.

[Seedersandleechers]

17. Funny you should say that

I called my son in NYC - an IP/lawyer, and he said to me, " Oh mom, I think you're jumping to conclusions".

[elehhhhna]

22. he's in IP - not labor law

would it be inappropriate for you to ask them why the offer was changed to part-time? If you do, don't volunteer your suspicions. Ten bucks says it's so they don't have you on their health insurance. Which they will not tell you.

Age discrimination is mostly due to crasyhigh insurance premiums, imo. I work in staffing and see it all the time...

[Seedersandleechers]

25. I think you are right...

I'm going to take the PT position and when the new grads who got hired leave for better jobs - I'll still be there.

[msongs]

8. there may be other issues here, like long term employment, retirement age etc

while all based on age, they may be looking for someone who will be there a long time, or they may have a retirement program that will kick in too soon for you. practical reasons beyond "sorry you are too old". have you checked into their retirement system to see how that works?

[Seedersandleechers]

10. The private information I gave her was ONLY meant for the eyes of the KBI

Not hers. They can only ask if you are under 18. I wish I had brought an envelope and sealed it.

[elehhhhna]

23. I had a client who's preemployment drug test lab

called them to give a list of all the meds the hiree disclosed pre-test (think prozac, etc.). Offers rescinded regularly due to this. Can't prove it though.

[Seedersandleechers]

26. Age 59 and in no need for any prescription meds.

But no doubt that happens a lot. The current job I have I had a pre-employment physical where they had me in a hospital gown and searched for surgical scars. Even when I told them I have never had surgery! Unbelievable.


Edit: Wow, I had completed blocked that out of my mind.

[ProfessionalLeftist]

12. No doubt! n/t

[Skeptikat]

14. It's not you, it's a communication thing!

First impressions are critically important. People tend to stick with their first gut reaction, if even just subconsciously. Your interview went great, and they were all set to roll out the red carpet for you. They had all kinds of big plans for their fabulous new hire and your mad skillz. And that's the hitch- your experience and age (if you think you look early 40's, you probably look late 30's) got their hopes up for a long-term relationship. Even though the actual retirement age keeps getting moved further out, most people still have the number 65 in their heads- which means you might bail in just six years.

If you were applying for an entry-level or part-time job, they might be less concerned with your future intentions. That's likely the reason they switched their offer to you to part-time. You're too good to pass up, but they don't want to depend on you completely until they know your plans, and it may be dicey to ask you about it directly, for legal reasons. It's unusual for a company to adjust their offer when they could have easily made up some excuse to withdraw the offer completely. You should take this turn of events as a compliment, though it's disappointing and inconvenient.

I seriously doubt the benefits are the issue- the most expensive insurance coverage is for men in their 20's, and women during their childbearing years. Retirement benefits and 401k contributions usually require a minimum duration of employment to be fully vested. They just don't want to have to repeat the hiring process all over again in what may seem like a short period of time to the management team.

I'm 48, and was hired at my last job precisely because I addressed the retirement issue within the first few minutes of the interview. I told the interviewer that I was looking for a stable position in data operations with long-term potential. I said I enjoy the work, and want to remain active and delay retirement as long as possible. I had pursued a degree in Park Management for the purpose of transitioning to a 2nd career when I'd reached retirement age. (State and local parks routinely hire retirees for their stability and life experience)

Many people go back to work after retirement- not too many actually map out a late-life career and go to school for it. The interviewer was intrigued that I had thought this through to such an extent, and was encouraged that I thought their job position fit perfectly into my timeline. I got the impression that I was volunteering information that they wanted but were afraid to ask me. Age discrimination IS a big problem, even for companies that don't discriminate. Bringing up the subject of retirement is probably an HR nightmare.

Take the job. You want it. They love you. Get the dialogue about your future going right away. Reassure them you plan to be around for a minimum of x years, longer if they'll let you stay, and you're hoping they'll transition you to full time ASAP. Good luck!

[elehhhhna]

24. brilliant answer

great job!

[KurtNYC]

15. reminds me of the quote "What good is looking younger than your age if you're not going to lie about

it."

Your gut feel is probably correct but I would take your son's advice and hold out some doubt. I think it is whimpy of them to reduce your offer in AN EMAIL. They may be using email to be very careful what they say but there could be many reasons for the change in their offer -- budget, other candidates, office space/scheduling.

If you take the PT thing you will probably find out or figure out what their resistance is and work something out. A smart company will pay for your experience.

You have me curious though, what is your next move with them? taking the PT gig?

edit to add: If a company is inclined to discriminate on age it is very easy for them to find out a candidate's age BEFORE they put any kind of offer on the table. The year a candidate garduated HS or college or the length of employment, length of the resume give an indication and if it isn't on the resume then your online info may include your HS class year or FB birthday, etc. I add this bc I think it goes in favor of this NOT being age discrimination.

I hope this becomes a great FT job for you.

[Seedersandleechers]

18. I already have a PT job working for a company that wants me full time.

I like the job - I just don't love it. I'm a nurse and I want to go back to what I loved doing for a lot of years. Correctional nursing in a county jail. In fact I started my career working at the very same jail I applied to yesterday. The job has a very high rate of turnover. The manager actually told me she has been hiring new grads because they are having a very hard time finding work because of no experience and she feels sorry for them. These new grads will NOT being staying, as when they get some experience they will want a different job. Me, I've done all that and I know what I want to do until I retire. I'm going to take the part-time position because I am mature enough to sit back and wait it out.

[Seedersandleechers]

19. In answer to your question

see post 18.

[pacalo]

16. It does sound fishy to me. Too bad your birthdate was required for the background check.

I look young for my age, too, but haven't had to disclose my age in the working world.

I'd take the job & prove to them they made a good choice. You'll bring to them maturity, stability, & a good work ethic -- can't beat that. Perhaps they'll offer you full-time eventually.

Good luck!

[Cleita]

20. Probably. It's an employers' market and they can get away with just about anything.

I was recently replaced at my part time job, that I had worked at for four years, because the person I worked for found someone who was willing to take $2 less an hour than I made. I am 72 and have other income, but it still goes to show the downward spiral our economy is taking for the working class. I really took half of what I used to make before I retired because I was old and I couldn't be choosy. Also, it was just extra money for me and a reason to get out of the house, but for someone to come along and take $2 less than that really tells me how empowered the employers are and how helpless the workers are.

[Jim Lane]

28. You should definitely consult a lawyer who handles EEO cases.

Most lawyers will give you a short free consultation to see if your case might be worth pursuing.

As others have said, age discrimination is often hard to prove. (I lost the only such case I've worked on.) On these facts, however, you do have powerful circumstantial evidence. A lawyer who's experienced in the field can give a better evaluation than a bunch of well-meaning DUers.

Unfortunately, on the other hand, you also have to consider the practical aspects. Do you want to take the part-time position and then bring a lawsuit demanding that you be hired full-time, on the terms originally discussed? You'd then be working at a job where the bosses have a strong incentive to make a record that you're incompetent.

On the other other hand (I warned you I was a lawyer), there might be an opportunity for a little genteel blackmail here. The employer might be made to understand that if you're hired on the original terms, or on some compromise (e.g. part-time work but carried on the health plan), then there won't be a lawsuit filed -- and there won't be a press release issued. Putting you on the health plan might be cheaper than defending a lawsuit, and would certainly entail less hassle and less embarrassment for the decisionmakers.