Jeffrey S. Klein, left, and Nicholas J. Pappas, right, of Weil, Gotshal & Manges.
Age discrimination concerns frequently arise in the context of terminations of employment, such as a reduction in force or mandatory retirement policies. However, age discrimination also can result from hiring and recruitment.[1] Currently, the combination of an aging workforce[2] and a resurgent economy increases the possibility of age discrimination claims regarding hiring and recruitment, with plaintiffs questioning employer practices such as experience caps in job postings, on-campus recruitment strategies, and age-related criteria with which employers evaluate job applicants. Plaintiffs argue that these practices discriminatorily eliminate older applicants.
Courts have come to varying conclusions as to whether job applicants must prove intentional discrimination, or whether applicants may seek relief for neutral hiring and recruitment practices that result in a disparate impact on older applicants. In this month’s column, we discuss the landscape of age discrimination claims in hiring and offer guidance on balancing the risk of liability against the need for efficiency in hiring and recruitment.
