In California, experienced workers may be subject to a specialized work experienced targeting method where the upper limit on an employee's work history could be used for employment discrimination. The EEOC is examining the practice of using a person's work experience when used for the purpose of age discrimination.
The language used in job descriptions may be used to filter out protected groups; the terminology may have been used to discourage older workers or those who may not be a proper fit for a company's culture. Subjective criteria used to discourage certain applicants from applying may become the standard for identifying workplace discrimination practices.
The US Equal Employment Opportunity Commission is closely examining cases where civil rights were may have been violated. The commission is looking closely at the prevalence of age discrimination. In a recent investigation against tech company Intel, the EEOC decided to examine 10,000 layoffs by the company over the last three years. Age discrimination may have been the reason for the mass layoff in many of those cases.
Although workplace discrimination is an outlawed practice and has been for almost 50 years, it is still prevalent. Approximately two-thirds of employees between the age of 45 and 74 report experiencing some form of age discrimination in the workplace. For employers who may be focused on diversity and inclusion, an effort must be made to eliminate the various barriers for older applicants. This effort promoting diversity can improve the chances of older candidates being hired in areas where they may be needed most.
In a scenario where an applicant may be a victim of age discrimination, it may be beneficial to discuss the matter with a civil rights attorney. Employees subject to harassment and protected classes may be able to challenge those practices.