Is it age discrimination if, during a job interview, I was asked how old I was to know when I would be retiring?

I responded, I am 64 and do not plan to retire for a long while. If I do not get the position due to my age 64, can I sue the employer?

Asked on March 3, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You *may* be able to succeessfully sue the employer. Because of your age and because is inappropriate (not strictly illegal, but inappropriate) to inquire about your age during the interview, if you are not hired, you will have likely made a "prima facie" (basically, "on its face") case for illegal age-based discrimination. But the employer then has the chance to show that there was some valid, neutral, non-age-based reason for the decision, such as if your experience, credentials, or education was not a good fit for the position, or there was a better candidate. If they can do that, they can avoid liability.


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