If I’m almost 60, is a prospective employer asking about when I plan to retire a form of age discrimination?

I am currently 59 1/2 years old. I previously worked in a physician’s office. About 5 months ago, I was layed off from my position as a medical assistant as they were doing research studies which required RN’s. Recently I was interviewed for a position with a medical group. When I was being interviewed, the physician interviewing me asked me what I thought about retiring. I told her that I did not plan on retiring any time soon. She told me about the employee I would be replacing, that she was 65 and had informed them she was retiring. I again reiterated that I did not plan on retiring any time soon. This smacked of age disceimination to me. Is this something I should pursue legally with the EEOC?

Asked on February 3, 2016 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, this may be age discrimination, since it evidences that they are condidering your age in the hiring decision and apparently think of your age as a negative. Of course, the point is moot if you get the job, because then regardless of what it *seemed*, it didn't prevent you from being hired. (And if you get the job, you have not suffered any compensible injury.) But if you don't get the job, it would be worth a conversation with the EEOC or your state's equal/civil rights agency.

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