You may take a job posting at face value. However, if you get the feeling that you cannot qualify for this job simply due to your age, then you must address this issue. Follow along to find out whether employers can add age requirements to their job postings and how a proficient New York discrimination lawyer at Bell Law Group can help you navigate your applications.
Can New York employers include age requirements in job postings?
Notably, the New York City Commission on Human Rights Legal Enforcement (NYCHRL) has enforced guidance on employment discrimination based on age. With this, the NYCHRL prohibits employers from directly or indirectly expressing an age limitation in a job posting. More specific examples are as follows:
- Job postings must not implicitly or explicitly state that younger candidates or candidates of a certain graduation year are preferred.
- Job postings must not implicitly or explicitly state that the job requires an individual of a particular age group (i.e., an employer will only consider “recent college graduates”).
- Job postings must not implicitly or explicitly state that there is a cap on job experience (i.e., an employer will not consider older applicants).
- Job posting must not implicitly or explicitly use phrases that suggest an age preference (i.e., “youthful energy” or “digital natives”).
The only exception is if an age requirement is mandated under federal, state, or local law. For example, in New York State, individuals who are 14 and 15 years old may not hold a job position that takes place during school hours. In addition, individuals who are 16 and 17 years old and who are not enrolled in school may not hold a job position that requires work more than eight hours per day; six days per week; or 48 hours per week.
What other eligibility criteria are not allowed to be included in job postings?
You may not initially pick up on subtle exclusionary language within a job posting upon your first read-through. Subconsciously, you may steer clear of applying for the job because you do not think you are qualified. But in reality, it is because the employer is implicitly or explicitly showcasing their discrimination against you. Aside from age, an employer cannot show a preference, or contrastingly discourage an individual from applying for a job, due to any of the following circumstances:
- An applicant is of a certain race.
- An applicant is of a certain color.
- An applicant is of a certain religion.
- An applicant is of a certain sex.
- An applicant is of a certain national origin.
This is all to say that you must be proactive in addressing any employment-based discrimination. This starts with reaching out to a talented New York employee rights lawyer. Call Bell Law Group today.
