Age discrimination silent but present
Q: After a terrific interview, I was rejected for a job that I was eminently qualified for due to my age. My recruiter made it clear to me that the information she was telling me was confidential and that she would not publicly repeat it. I realise it is difficult to prove age discrimination, and the mechanisms for holding employers accountable are complex and risky, but don’t you think that not filing charges is like giving employers the green light to break the law?
A: Yes, but filing charges is a very difficult road to take, and perhaps that is what such companies rely on when engaging in discriminatory behaviour.
The recruiter jeopardised her position by opening up to you. She apparently did not like the information she heard from the company representative, as much as you didn’t, but she wanted you to know that you did nothing to cause the rejection.
Many job candidates wrack their brains over what they did to cause them to not get the job. Your recruiter risked her position to save you from that anguish. Your energy is better spent convincing her to sell you to the company, promoting the advantages of hiring someone of your experience and calibre.
Age discrimination is an interesting factor because people who want to discriminate will find ways around it. When companies make a habit of it, such as interviewing numerous qualified candidates over 40 and hiring all candidates in their 20s and early 30s, it becomes obvious and easier to prove.
What makes that road difficult for you, as the one discriminated against, is having the burden of proving it. It would not serve you well to turn on your recruiter, forcing her to tell the truth to the Equal Employment Opportunity Commission. Exposing someone who is on your side would cause her trouble with the company and would stop her from sending you on other interviews.
Document the experience, and file it away for now. Keep interviewing and see what else develops. The message is not that you are giving companies the green light to break the law, but that you are weighing factors before waging war. Your immediate goal is to get a job. You will have time to decide about the matter based on what lies ahead for you.