An article published by Forbes in January 2020, discusses age discrimination in the workplace, specifically during the hiring process. The article written by Patricia Barnes highlights the working paper by Professor David Neumark titled “Age Discrimination in Hiring: Evidence from Age-Bling vs. Non-Age-Blind Hiring Procedures”. Both the article and paper indicate that discrimination begins to occur at the time age becomes apparent to the employer. This can be at different times and are often specific to each employer’s practices and hiring procedures.
One of the key findings of Neumark’s research is that individuals that apply for a job position in-person are substantially less likely to continue on in the hiring process than those individuals that apply for a job position on the Internet. While other indicators of age, such as dates of education and employment, may lead to discrimination through Internet applications, they are less obvious and less accurate indicators of age.
In Neumark’s study and working paper, an individual turning in an application for a restaurant in-person was about 50% more likely to not receive a job offer than someone who did not apply in person, but received an interview. Potential discrimination existed throughout the hiring process depending on the time the employer was made aware of an applicant’s age.
When calculating damages in discrimination lawsuits specifically claiming failure to hire, it is important to understand the timeline and when during hiring potential discrimination might have taken place. It is likely necessary to investigate multiple steps in the hiring process to reveal or refute discriminatory hiring practices, as outlined by Neumark’s paper.
See here for Professor Neumark’s full working paper.