Age Discrimination Common

Q: Two years ago, at 45, I changed careers to computer science with a concentration in database systems from the health care field. when I finished my master’s degree, the school’s career center approved my resume and put it in the database for companies to see.

The younger people in my class were getting one to two interviews per week, while I had a hard time getting two in total. I also sent out 115 resumes, had four interviews and only one job offer. In two of the phone interviews, they asked how old I was. I had always felt it was age discrimination.

I recently attended a job fair, handed out numerous resumes and received only six calls. I am frustrated and discouraged, especially when I think about the time and expense I put into going back to school. What can I do about it?

A: I have heard about similar experiences from others who have switched careers in their 40s and 50s. And being asked your age certainly confirms your worries about possible age discrimination.

Gregory Nokes, chair of the labor, employment and benefits group of the Connecticut office of Cummings & Lockwood, says he finds it surprising that employers or screening agencies are asking agerelated questions, especially since age discrimination remains one of the most fertile grounds for employment litigation.

“Age is a bona fide occupational qualification for very few jobs, but for the vast majority it is irrelevant and is an impermissible factor to consider,” Nokes says.

If you are asked your age in future interviews, Nokes suggests answering something like, “I’m happy to tell you, but first, would you please tell me what about the job makes my age important?” He says a smart interviewer will back off and say it doesn’t matter; an unwise one will charge ahead and dig an even deeper hole for the employer.

Errors needn’t stay uncorrected in personnel files

Q: I was a manager at a hospital that was going through a downsizing. Within a three-year period I had five different bosses. An entrepreneurial opportunity arose for me and I submitted my resignation. The manager decided that since everyone was so upset about my leaving, it would be better if I leave immediately instead of in two weeks.

I left, and several weeks later I requested a copy of my personnel file. My resignation letter was not there and the personnel report was noted “terminated” in red ink.

What can appear in a personnel file without that person’s knowledge? Do I have legal recourse?

A: You have no legal recourse until you have proof that the “termination” affected your future employment, says Martin Dolan of the Chicago law firm Dolan & Shannon.

Write your company to put it on notice of the error and to clarify the file. Then request a copy of the file again.