Hiring, Not Firing, Is a New Focus in Age Discrimination Suits

Hiring, Not Firing, Is a New Focus in Age Discrimination Suits
The National Law Review, June 28, 2017

AARP headquarters in Washington, D.C. Photo: Diego M. Radzinschi/ALM

Management tactics that weed out older workers have pushed federal regulators and anti-discrimination groups to train an eye on hiring rather than firing when it comes to protecting against age bias, an effort advocates acknowledge is a steeper hill with increasingly narrowed protections for aging workers.

This shift in focus on barriers to hiring for older workers—an issue exacerbated by the aging baby boomer population and the financial crisis—is apparent in recent court battles and was sparked by employer practices that include favoring young workers in online applications and excluding workers with too many years experience.

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