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Age bias is expensive. A study conducted by AARP and the Economist Intelligence Unit found that age discrimination against older adults cost the economy $850 billion in 2018 alone.
Note: Most age discrimination lawsuits relate to The Age Discrimination in Employment Act (ADEA) which forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states (see below) have laws that protect younger workers from age discrimination.
Age bias in the workplace can start with your job descriptions/job postings. That’s often your first communication with a candidate — a person who can later turn into a plaintiff if your job descriptions include age bias.
On the flip side, a job listing free of age bias could help you take advantage of the unique experiences and skills older candidates have to offer.
Here are 6 ways to avoid age bias in your job descriptions:
1. “Digital Native” Could be Age Discrimination
Using the term “digital native” isn’t a good idea as it suggests you only want to hire someone who’s grown up in the computer/Internet age.
Tip: Instead of Digital Native, your job description should spell out the specific skills you need (e.g., familiarity with video games, Python fluency)
2. “Recent College Grad” or “Young” Could be Age Bias
Words like “young” are problematic from an age discrimination perspective. If your job description mentions wanting a recent college grad or someone “young and energetic”, that could be asking for an age discrimination suit.
Tip: Instead of conflating youth with personality characteristics, list the character traits you’re looking for without mentioning age (e.g. “searching for an open-minded and ambitious individual to lead this team of three”).
3. Capping The “Years of Experience” Could Get You Sued
In 2014, CareFusion was looking for a Senior Counsel, Procedural Solutions. They likely didn’t think much about one line in their job posting that said the applicant needed:
“3 to 7 years (no more than 7 years) of relevant legal experience”
Plaintiff Dale E. Kleber, a 59 year-old with 25 years of experience, applied.
Kleber, a resident of Hinsdale, Illinois was not granted an interview and sued CareFusion under the Age Discrimination Employment Act (ADEA), 29 U.S.C. §§ 621-634.
Kleber won an initial ruling in April 2018.
Tip: Avoid putting caps on years of experience. Instead, focus on the skills you need.
For example, if you think you need an attorney with 3 to 7 years experience, focus instead on the skills that you associate with those years of experience. For example, you might need them to be a master at Google Docs, or that they have experience managing people.
4. States Have Different Age Discrimination Laws Too
Federal laws aren’t the only ones to worry about; some states have other protections against age discrimination.
Michigan has the Elliott Larsen Civil Rights Act. This Michigan law applies to any kind of age-based discrimination, whether it is discrimination against the young, middle-aged, or the more mature. This differs from the Federal Age Discrimination in Employment Act, which protects workers age 40 and over.
5. UK-Only: “X Years of Experience” Might be Age Bias
In the U.K., it’s a lawsuit by a younger candidate you have to watch out for. The Equality Act of 2010 (and the Employment Equality (Age) Regulations 2006 before it), protects candidates/employees in many ways.
One protection points out, for instance, that if your job advert requires XX years of experience, that a younger candidate might be unlawfully excluded because they may have mastered that skill in fewer years.
6. What You Leave Out of a Job Description Might Get You Sued
Sometimes it’s what you don’t say in your job description that gets you in hot water. If, for example, you fire an older worker for not being savvy at social media, you’d be better protected if your job description had mentioned: “expertise in social media required.”
More information about the Age Discrimination in Employment Act (ADEA) of 1967
The ADEA was passed in 1967 and prohibits age discrimination against individuals older than 40. It protects individuals in every stage of employment, from hiring to training to compensation. The ADEA also protects older individuals from harassment on the basis of age.
What else do you need to know about the ADEA in hiring? Here’s what the Equal Employment Opportunity Commission has to say:
“The ADEA generally 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.”
Also relevant is the Older Workers Benefit Protection Act of 1990, which prohibits employers from offering older employees different benefits than younger employees.
When older people choose not to work, retire early, or experience prolonged unemployment due to age discrimination, our culture and economy miss out on their invaluable contributions. Stay compliant and hire experienced talent by avoiding age discrimination in hiring and in your job descriptions.
Why I wrote this?
I’m passionate about job descriptions. Ongig’s job description software enables you to be inclusive to avoid unconscious bias related to age, gender, race, disability or other exclusionary practices. Ping us for a demo to see how Ongig does it!
