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Age
Qualifications
"Hundreds of thousands not yet old, not yet voluntarily
retired, find themselves jobless because of arbitrary age
discrimination …. In economic terms, this is a serious—and
senseless—loss to a nation on the move. But the greater loss
is the cruel sacrifice in happiness and well-being which
joblessness imposes on these citizens and their families."
-Lyndon B. Johnson
36th President of the United States
The ADEA makes it unlawful
to include age preferences, limitations, or specifications
in job notices or advertisements. A job notice or
advertisement may specify an age limit only in the rare
circumstances where age is shown to be a "bona fide
occupational qualification" (BFOQ) reasonably necessary to
the normal operation of the business.
 Pre-Employment
Inquiries
The ADEA does
not specifically prohibit an employer from asking an
applicant's age or date of birth. However, because such
inquiries may deter older workers from applying for
employment or may otherwise indicate possible intent to
discriminate based on age, requests for age information will
be closely scrutinized to make sure that the inquiry was
made for a lawful purpose, rather than for a purpose
prohibited by the ADEA.
Please do not hesitate to contact us to discuss these age
qualifications further. We can be reached toll free at (877)
876-5744 for a free consultation or by email at
help@FightAgeDiscrimination.com.
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