Interview questions and age discrimination

26 March 2001 - The recent ruling by the US Equal Employment Opportunity Commission in support of age discrimination charges against employee search firm Spencer Stuart by AARP' has focussed attention on the types of questions job candidates may be asked in interviews.

How old are you?

It is not illegal for an interviewer to ask this question - but it is inappropriate, say the AARP. Interviewees who are 40 years and older are protected by the Age Discrimination in Employment Act (ADEA). Experienced interviewers would know the pitfalls of asking this question but many hiring managers do not have training or skills in interviewing and may not appreciate that this question could lead to a problem.

Candidates who really want the and are satisfied that there are no discriminatory intentions behind the question should not react negatively and certainly should not lie about their age. Instead, AARP recommends they ask, in a positive tone: "How do you see my age affecting my ability to do the job?" They should also stress the ways they can get the job done.

If interviewees are asked this question but are not hired, and they feel that the reason may have been age, interviewers have to be able to prove that they were not selected because they lacked the qualifications - not because of age.

We don't have many employees here who are your age. Would that bother you?

Federal law forbids employers from considering job applicants' ages when making any employment decision, but it is still possible that they might be asked age-related questions in an interview. This could be through ignorance or possibly to test their responses.

AARP recommends that interviewees explain that they believe their age and experience would be an asset to the organization. They should emphasize that they are still eager to learn and to improve, and it does not matter who helps them. The age of the people they work with is irrelevant.

Will you be comfortable being supervised by a younger manager?

Some employers may feel that midlife or older workers tend to be reluctant to accept younger people as managers and bosses. But both younger and older people are capable of being leaders and managers - age should not be a determining factor.

AARP quote one highly effective response for dispelling this concern: "When I get to the point where I can't learn from someone younger or older than I am, I will stop working."

Age and life experience should be regarded as benefits, not handicaps.

Laurie McCann, an attorney with AARP Foundation Litigation, adds: "Whatever you do, never lie about your age. Any lies or erroneous information provided in an interview or on an application could come back to haunt you and provide the employer with a legitimate explanation for not hiring you."

The AARP website at http://www.aarp.org has a Working Options section outlining some of the questions that older Americans may be asked.