Age discrimination in hiring refers to the unfair treatment of job candidates based solely on their age. This type of discrimination typically affects older workers aged 40 and above, as well as younger workers. Ageism can manifest in various ways during the hiring process, leading to unfair recruitment and selection practices that disadvantage candidates from certain age groups.
What is age discrimination in hiring?
Age discrimination, also known as ageism, occurs when a job applicant receives less favorable treatment or is denied employment opportunities because of their age. This form of discrimination is illegal under the Age Discrimination in Employment Act (ADEA) which protects individuals aged 40 and older from being discriminated against during recruitment, hiring, promotion, training, and other employment-related processes.
Some examples of age bias in hiring include:
- Explicitly stating age preferences in job postings, such as “seeking candidates under 30 years old”
- Rejecting or failing to consider candidates because they are “overqualified” or close to retirement age
- Asking for applicants’ ages or graduation dates on application forms
- Hiring younger workers based on assumptions they are more energetic, creative, or quick to learn new technology
- Failing to recruit or consider older applicants based on assumptions about their abilities or flexibility
These discriminatory policies and practices deny older candidates fair consideration for job opportunities. They also prevent employers from accessing a rich talent pool of experienced, skilled workers over 40.
What are the laws against age discrimination in hiring?
In the United States, age discrimination in employment and hiring is illegal under the federal Age Discrimination in Employment Act (ADEA) of 1967. The ADEA prohibits employment discrimination against applicants and employees aged 40 and older. It covers all aspects of employment including hiring, firing, layoffs, training, compensation, job advertisements, recruitment, and benefits.
Along with the ADEA, state laws also prohibit age discrimination against all employees and job applicants. For example, California’s Fair Employment and Housing Act bars age bias against all workers and applicants regardless of age. While federal law protects those 40 and above, some state laws offer broader protections against age discrimination.
Under the ADEA, it is unlawful for an employer to:
- Fail or refuse to hire an applicant aged 40 or older because of their age
- Limit, segregate, or classify employees in ways that adversely impact older workers
- Reduce wages or benefits to demote or force the resignation of an older worker
- Require older applicants to meet higher qualification standards than younger applicants
- Retaliate against an individual who files an age discrimination complaint or participates in an investigation
What are some examples of age bias in hiring?
Despite laws prohibiting age discrimination, ageist attitudes and practices persist during recruitment and hiring. Here are some real-world examples of how age bias manifests:
- “Culture fit” biases where younger hiring managers prefer candidates similar to themselves in age and interests
- Job ads seeking “digital natives” or “high energy” candidates aimed at screening out older applicants
- Using biased language like “recent graduates” or “energetic” as code for young people
- Assuming older workers lack technology skills or the ability to learn new things
- Hiring algorithms trained on data that reflects past ageist practices, which perpetuates bias
- Unconscious biases that older applicants are less healthy, resistant to change, or costlier to insure
A 2021 study by Harvard Business School and the University of North Carolina found strong evidence of ageism in hiring. Resumes with older applicant ages received far fewer callbacks across multiple occupations. In fact, the study found 64% fewer callbacks for applicants aged 64-66 versus those aged 29-31.
Does age bias in hiring affect all industries and roles?
While age discrimination affects job seekers across occupations, certain industries and roles tend to show more age bias than others during recruitment. Here are some examples where ageism frequently occurs:
- Technology sector – Younger workers are often favored based on perceptions of being more innovative or adaptable to new technology
- Startups – There are biases that younger founders and employees fit the culture better
- Software engineering/coding – Assumptions that older programmers lack up-to-date skills
- Marketing/social media roles – Notions that young people understand current trends better
- Healthcare – Biases that older physicians, nurses, or other roles lack physical stamina
- Senior management/executive – Concerns that older leaders are less energetic or at higher risk of health issues
However, age discrimination can occur across all roles and career stages. One study by AARP found that 3 in 5 workers aged 45 and up had seen or experienced age discrimination at work.
What are the negative impacts of age bias in hiring?
Age discrimination during recruitment and hiring has significant negative impacts on individual candidates, employers, and the broader economy and society.
Impacts on older job seekers
- Reduced access to employment opportunities
- Longer periods of unemployment
- Lower lifetime earnings and diminished retirement savings
- Skills underutilization
- Psychological impacts of ageist attitudes
Impacts on employers and younger workers
- Loss of experienced talent and institutional knowledge
- Legal and reputational damages from lawsuits
- Reduced diversity and inclusion
- Missed cross-generational mentoring and knowledge transfer
- Perpetuates ageist stereotypes and biases
Economic and societal impacts
- Reduced GDP growth from loss of skilled talent
- Higher healthcare costs as older workers lose employer-provided insurance
- Strains on the social safety net
- Intergenerational inequality and damage to the social fabric
In summary, age discrimination results in disadvantaged older individuals missing out on jobs, employers lacking top talent, younger workers being deprived of mentorship, and broader economic losses for society.
How can organizations prevent age bias in hiring?
Here are some best practices organizations can adopt to counter age discrimination during recruitment and hiring:
- Review job qualifications to ensure they are relevant and not unintentionally screening out older applicants
- Avoid requesting age or graduation dates on application forms
- Train hiring managers on unconscious biases and ageist stereotypes
- Use skills-based assessment and structured interviews to evaluate candidates consistently
- Actively recruit from diverse age groups, not just colleges
- Make sure recruiting materials do not imply age preferences
- Audit hiring data to identify areas where adverse impact on older applicants may be occurring
HR policies should also clearly prohibit age discrimination and provide complaint channels for employees. Overall, organizations benefit from fostering an age-diverse and inclusive workplace culture.
What can job seekers do about potential age discrimination?
For older job seekers concerned about facing age bias during hiring, here are some tips:
- Keep your skills updated through classes and certificates
- Learn new technologies and showcase technical abilities
- Tap networks and age-diverse professional associations for referral opportunities
- Use resumes focused on skills and recent accomplishments rather than date-oriented employment histories
- Practice interviewing to refresh your skills and address ageist stereotypes proactively if they arise
- Consider targeting employers recognized for age-inclusive practices
- Know your rights and consult an attorney if you experience clear age discrimination
Job seekers of any age who face discriminatory hiring practices can file charges with the Equal Employment Opportunity Commission (EEOC). This government agency enforces federal anti-discrimination laws.
Conclusion
While laws prohibiting age discrimination in employment have been in place for decades, unfair biases against older and younger job candidates persist. Ageist hiring practices negatively impact individuals, businesses, and the economy.
Eradicating age bias in recruiting and hiring requires concerted efforts from policymakers, employers, and society as a whole. Organizations need to examine their practices to ensure equal opportunities for all qualified candidates regardless of age. With an aging global workforce, tapping the skills of workers across all generations is key for the future.
