older woman worker Employers should consider the risks associated with claims of age discrimination in hiring (both intentional and unintentional) when assessing their hiring and recruitment practices. (Photo: Shutterstock)

Age discrimination concerns frequently arise in the context of terminations of employment, such as a reduction in force or mandatory retirement policies. However, age discrimination also can result from hiring and recruitment.[1]

Currently, the combination of an aging workforce[2] and a resurgent economy increases the possibility of age discrimination claims regarding hiring and recruitment, with plaintiffs questioning employer practices such as experience caps in job postings, on-campus recruitment strategies, and age-related criteria with which employers evaluate job applicants. Plaintiffs argue that these practices discriminatorily eliminate older applicants.

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