Q: I think I’m about to be discriminated against because of my age. What can I do?
I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long I’ve been driving. It’s glaringly obvious that he was figuring out my age by that question. Now I’m worried I’m not gonna be hired because I’m 50. They said I would know in about two weeks if I got the job. I thought about emailing him and saying “Asking me when I started driving and I told you 16, answered your question. Asking me how long I’ve been driving was obviously to find out my age. I worked hard in that class and I got really good grades and it shouldn’t matter as long as I can do the job well.”
All other answers in the interview in my opinion went well but I’m worried I’m not gonna get hired because of that one question. He was obviously asking my age without directly asking my age.
A:
You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.
Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in discrimination.
*Please note, this is not intended to provide legal advice and you should not rely on it. This is a legal opinion.
A: If you are not offered the position, reach out to an employment lawyer. If you are offered the job, then just make sure to continue to document anything that appears like it could be used against you or the people you work with. When one class is discriminated against, there tends to be a pattern where other classes of people are also discriminated against.
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