In late 2018, the U.S. 7th Circuit Court of Appeals in Chicago ruled 8-4 that Congress intended the Age Discrimination in Employment Act (ADEA) to only cover current employees, not job applicants during late 2018 with the case Kleber v. CareFusion Inc.
The verdict seemed to confirm what many older applicants have experienced: while they may have the necessary qualifications for a position they are often overlooked for younger candidates. The confirmed legality of such dishonorable bias is disheartening.
One state is stepping up to rectify this practice: Connecticut. Democratic Reps. Derek Slap of West Hartford and Robyn Porter of New Haven have proposed legislation that would fight ageism in hiring processes by making it illegal for employer to ask applicants for their dates of birth or school graduation dates.
According to the Hartford Courant, when asked about the legislation’s intention, Rep. Slap replied that such questions, “allow employers to vet our seniors before they even go in to their job interview.”
Candidates who may be older and entering the job market should keep their wits about them. While they are creating and reviewing their resumes and cover letters, they should reach out to other people in their field and make sure that they aren’t using dated conventions.
If they are pressed to provide information that indicate their ages during in-person interviews. Even if the questions are technically legal, applicants can try to assuage fears of being out-of-touch wit current market trends or technology by coming prepared to the discussion ready to highlight recent projects or experiences that illustrate on-the-pulse market fluency. (For more tips on how to deal with these kind of awkward situations, check out this article.)
The initiative that Connecticut has taken in addressing this problem is likely to inspire more lawmakers across the country to follow suit.
But we don’t have to wait for it to be illegal for people to understand that this practice is unfair. If you are not an older candidate but an existing employee (and therefore covered by laws that say age discrimination is illegal), keep an eye out for how you, your colleagues, and your company speak about more experienced workers. Sometimes the quickest way to change harmful practices is by having a direct conversation about an uncomfortable topic.