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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Possible age discrimination
My dad is out of work and looking for a new job. He applied for a job that he was obviously overqualified for but at this point in his life he is not looking for the "BIG" job anymore, just something to help with the bills and get him out of the house (away from my mother) 
He applied for this job and went back and forth with emails from the person who was hiring. The last email was about how much the job was paying..my dad responded with an email asking if they would like to schedule an interview.
He never got a call back, so he sent another mail inquiring about the position and that he was interested in interviewing for it.
He received an email back stating that the position was filled. Ok, fine..quick but ok.
I smelled age discriminiation..so I sent an email inquiring about the position.
You guessed it, my email said that the position is open and I should send my resume.
Same recruiter that he was emailing..I would like to give them the benefit of the doubt, but I think it's crap.
Dad sent an email to the DOL.
They could have just said that they don't think his background is the right fit and be done with it. That would have at least made sense, but to say the position is filled 2 hours after the last email correspondence is a red flag.
I don't know if I'm expecting any advice from this post, but perspectives and opinions are always welcome.
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Posted 8/14/06 12:09 PM  |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Possible age discrimination
How did they know how old your father was? Is it possible they were trying to let your father down easy? Could they feel the several emails back and forth made him too inquisitive?
I know when we hire, we are not concerned about age, but we would not purposely hire someone that is very overqualified. We think they would either be bored or they are just settling for now -- either scenario would lead us to think that they would move on sooner then later.
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| Posted 8/14/06 12:16 PM |
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MABLE03
I <3 SATC
Member since 6/06 4563 total posts
Name:
Fabulous
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Re: Possible age discrimination
I don't think it is age but that they think he is overqualified for the position. The same thing happened to my mom.
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| Posted 8/14/06 12:19 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
It's clear from my father's resume that he is at least in his late 50's. He explained to them via email that the job explained to him is just what he is looking for..I don't have the emails..so I don't know exactly what was stated. They inquired to him first though asking him about his experience and what he is looking for.
The fact that they said the job was filled when they could have said that they think he is overqualified would have made more sense.
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| Posted 8/14/06 12:21 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
I don't think HR departments and recruiters know enough about hiring seniors...of course they are overqualified, they should be! But most seniors don't want to be the CEO anymore, if they have to work, they just want to work somewhere they can be useful while earning what they need.
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| Posted 8/14/06 12:23 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Possible age discrimination
Posted by Blu-ize
The fact that they said the job was filled when they could have said that they think he is overqualified would have made more sense.
I agree -- they should have been honest if that's the reason. That's what I meant by letting him down easy.
I know from a hiring perspective, regardless of what the person says we wont hire someone we know is over qualified for a position.
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| Posted 8/14/06 12:49 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
Posted by Christine
Posted by Blu-ize
The fact that they said the job was filled when they could have said that they think he is overqualified would have made more sense.
I agree -- they should have been honest if that's the reason. That's what I meant by letting him down easy.
I know from a hiring perspective, regardless of what the person says we wont hire someone we know is over qualified for a position.
Do you have any senior citizens working for your firm?
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| Posted 8/14/06 12:55 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Possible age discrimination
Yes, several.
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| Posted 8/14/06 12:57 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
Posted by Christine
Yes, several.
are they in high ranking spots?
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| Posted 8/14/06 12:58 PM |
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Christine
2nd verse same as the 1st
Member since 5/05 15287 total posts
Name:
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Re: Possible age discrimination
They are in various positions.
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| Posted 8/14/06 12:59 PM |
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MrsS2005
Mom of 3
Member since 11/05 13118 total posts
Name:
B
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Re: Possible age discrimination
It's extremely difficult to prove age discrimination in a failure to hire situation. What were the back and forth e-mails about? Was there any indication that the company was interested in setting up an interview?
I hope your dad finds something soon. 
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| Posted 8/14/06 5:41 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
Posted by MrsS2005
It's extremely difficult to prove age discrimination in a failure to hire situation. What were the back and forth e-mails about? Was there any indication that the company was interested in setting up an interview?
I hope your dad finds something soon.
Actually yes, the recruiter and dad went back and forth a few times. He was up front about the situation and wanting a job that was close to home, had responsibility and purpose but was not looking to run the HR department as he had done in his previous positions almost 15 years ago.
He was specific knowing what he was up against. They actually asked him if he would be happy with this position and his answer was a resounding yes, because he could see himself doing a great job and being that he has an excellent employment history, his work ethic would be top notch. This is a summary of what the emails said.
So when he got the response back less than 2 hrs later that the job was filled, I smelled a rat.
I know it's hard and frankly he doesn't want to work there now since he feels he got short changed.
We were both just so POed about it. They really just could have said that he was way too overqualfied, thank you..blah..but they lied.
Thanks for the hugs..Dad is plugging away. He will find something soon that he loves. Every job he has had, they have loved him and promoted him. Just too bad some companies do have a bias..
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| Posted 8/14/06 5:49 PM |
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JenniferEver
The Disney Lady
Member since 5/05 18163 total posts
Name:
Jennifer
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Re: Possible age discrimination
From what I know about Title VII law, which is not a lot, it's VERY difficult to prove discrimination in this case and of course the burden of proof is on you. If you can somehow prove that the person hired is less qualified but younger, I mean, you MAY have a case, but they could just say they didn't like his personality, or they wanted someone with more experience in Excel, or whatever and that would probably be accepted.
All it means is that he's gotta keep looking before he finds that PERFECT situation. 
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| Posted 8/15/06 7:33 AM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Possible age discrimination
Posted by JenniferEver
From what I know about Title VII law, which is not a lot, it's VERY difficult to prove discrimination in this case and of course the burden of proof is on you. If you can somehow prove that the person hired is less qualified but younger, I mean, you MAY have a case, but they could just say they didn't like his personality, or they wanted someone with more experience in Excel, or whatever and that would probably be accepted.
All it means is that he's gotta keep looking before he finds that PERFECT situation.
Yep-you are right.
I did get an email from the recruiter asking me to forward my resume. 2x!
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| Posted 8/15/06 10:22 AM |
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