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I'm over 40. Is it age descrimination if a prospective employer won't hire me because I'm "over qualified?"
1 answer | asked Jan 12, 2006 5:24 PM [EST] | applies to Illinois
Answers (1)
Hotly litigated and fact-dependent
The true answer to your question depends on the unique pattern of your trade or profession.
Large employers have gathered stats that show grossly overqualified people don't stay in their entry level positions. So, in general, there is a rational basis for the refusal to hire in certain labor grades or job classifications based upon excessive qualifications. It's not just so fatuous as to be false on its face.
On the other hand, you're correct: "Too qualified" is often code for "too old".
Things a finder of fact would consider would be to the extent of your overqualification (Nuclear Physicist working at a convenience store would probably be a righteous refusal. Convenience Store former manager refused a clerk's job at another C-Store, I'd look for another reason); The nature of your industry (Foreman of welders for ten years is a long time not to have held a modern welding torch.), How much over forty you really are (every lawyer will tell you that 70 is the same as 41 and the difference doesn't matter--it does. It establishes the atmospheric condition of your case.); Salary expectations in your old and new jobs; The type of leadership you would have in the job (Many employers believe the overqualified hire can highjack the supervisor's role by becoming sort of the "Alpha Male" in the work place.); and the custom and practice in the industry for job changing (stable for, say, heavy equipment sales, unstable for Realtors and taxi drivers). These are just a few of the fact-specific considerations.
If your application was sufficient on its face and you were truly told you were overqualified, contact the Illinois Human Rights Department and fill out the complainant's questionaire. The Dept. will do some initial screening, and if they conclude you have an open question of Age Discrim, they'll file and investigate a the complaint for you.
The upside is there is no fee. The downside is you don't get to see the Employer's detailed responses. You will have to prepared to go into a lot of detail.
You question is extremely topical. As out population ages, there is going to be more and more appellate court litigation on this. In ten years, we'll have a pretty good list the factors that courts and HRCs can consider. Right now, the law is still developing in this one area.
Good Luck and don't waste any time. You only have 180 days to file an HRC complaint from the date you first knew/believed you were being discriminated against.
Anthony B. Cameron
Quincy
posted by Anthony Cameron | Jan 12, 2006 5:54 PM [EST]
The true answer to your question depends on the unique pattern of your trade or profession.
Large employers have gathered stats that show grossly overqualified people don't stay in their entry level positions. So, in general, there is a rational basis for the refusal to hire in certain labor grades or job classifications based upon excessive qualifications. It's not just so fatuous as to be false on its face.
On the other hand, you're correct: "Too qualified" is often code for "too old".
Things a finder of fact would consider would be to the extent of your overqualification (Nuclear Physicist working at a convenience store would probably be a righteous refusal. Convenience Store former manager refused a clerk's job at another C-Store, I'd look for another reason); The nature of your industry (Foreman of welders for ten years is a long time not to have held a modern welding torch.), How much over forty you really are (every lawyer will tell you that 70 is the same as 41 and the difference doesn't matter--it does. It establishes the atmospheric condition of your case.); Salary expectations in your old and new jobs; The type of leadership you would have in the job (Many employers believe the overqualified hire can highjack the supervisor's role by becoming sort of the "Alpha Male" in the work place.); and the custom and practice in the industry for job changing (stable for, say, heavy equipment sales, unstable for Realtors and taxi drivers). These are just a few of the fact-specific considerations.
If your application was sufficient on its face and you were truly told you were overqualified, contact the Illinois Human Rights Department and fill out the complainant's questionaire. The Dept. will do some initial screening, and if they conclude you have an open question of Age Discrim, they'll file and investigate a the complaint for you.
The upside is there is no fee. The downside is you don't get to see the Employer's detailed responses. You will have to prepared to go into a lot of detail.
You question is extremely topical. As out population ages, there is going to be more and more appellate court litigation on this. In ten years, we'll have a pretty good list the factors that courts and HRCs can consider. Right now, the law is still developing in this one area.
Good Luck and don't waste any time. You only have 180 days to file an HRC complaint from the date you first knew/believed you were being discriminated against.
Anthony B. Cameron
Quincy
posted by Anthony Cameron | Jan 12, 2006 5:54 PM [EST]
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