Legal Question in Discrimination Law in California
Hiring Discrimination
My 60 year old husband recently was turned down for one of 8 positions available at an agency that was hiring for specialty jobs in which he has 20 years experience (air pollution). When he spoke with someone at this office, they showed him the hiring list and he was number 2 on the list. But he was not hired. We think this is a case of age discrimination. Does he have a case and if so, how should we proceed? Thank you.
1 Answer from Attorneys
Re: Hiring Discrimination
It's up to you to demonstrate he has grounds for a case. The burden is on you to show he was more qualified, experienced and educated than the one hired, and that the one hired was substantially [decades] younger AND much less qualified, experienced and educated. The ADEA does not guarantee him a job selection just because he is old, it only prevents 'unreasonable' selection, i.e. discrimination. If the other person is approximately the same qualified, regardless of age, there is no obligation to select the older applicant. Other than your speculation, what legally admissible evidence do you think you have to prove all that? Do your research. If you think you have evidence that would meet that criteria, feel free to contact me to discuss.
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