I am trying to figure out if I have been victim of age discrimination in terms of employment. It has to come to my attention that when confrotned with a social security card and photo-id, on an initial interview, I became very uncomfortable regarding my SSN for privacy reasons and felt no harm in my license until I realized my date of birth is printed on it. As a 62 year old woman, it has not been easy whatsoever to have a corporation invest in my professional development, even though I plan on working for close to another decade. After the initial meeting I was told he would like me to meet the other HR manager. We setup a tentative appointment for a second interview so I could meet with him and his colleague, who was on vacation during my initial interview. The day of the tentative appointment I called the manager I interviewed with and left a voicemail & followed up with an email because we had yet to officially confirm. Almost 6 days later I have yet to receive a response (including a employment denial).
It is my opinion that the photo of my license was shared with the second manager and cost me a career opportunity. By requiring I provide a license, is this employer violating the Age Discrimination Act, at least within New York State? Or do I have to prove I did not get the job because of my age regardless of requring me provide him with a license?

Secondly, although it is a privacy and not discrimination concern, does the employer have to comply with returning the document (especially IF I had provided a social security card) that contains a photograph of my New York State driver's license.

Thank you.


My initial research came from an editorial from TheLadders.com from a person in a similar situation:
https://cdn.theladders.net/static/images/editorial/weekly/pdfs/editorial_1026.pdf

Quote:

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Originally Posted by jdclipper5

Or do I have to prove I did not get the job because of my age regardless of requring me provide him with a license?

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Hello jd:

Yup. You have to PROVE that he ACTED on your picture - not just look at it. Unless they collaborated, I can't see HOW you could prove it.

excon

I believe I have been victim of age discrimination in terms of employment. It has to come to my attention that when confrotned with a social security card and photo-id, on an initial interview, I became very uncomfortable regarding my SSN for privacy reasons and felt no harm in my license until I realized my date of birth is printed on it. As a 62 year old woman, it has not been easy whatsoever to have a corporation invest in my professional development, even though I plan on working for close to another decade. After the initial meeting I was told he would like me to meet the other HR manager. We setup a tentative appointment for a second interview so I could meet with him and his colleague, who was on vacation during my initial interview. The day of the tentative appointment I called the manager I interviewed with and left a voicemail & followed up with an email because we had yet to officially confirm. Almost 6 days later I have yet to receive a response (including a employment denial).
It is my opinion that the photo of my license was shared with the second manager and cost me a career opportunity. By requiring I provide a license, is this employer violating the Age Discrimination Act, at least within New York State? Or do I have to prove I did not get the job because of my age regardless of requring me provide him with a license?

Secondly, although it is a privacy and not discrimination concern, does the employer have to comply with returning the document (especially IF I had provided a social security card) that contains a photograph of my New York State driver's license.

Thank you.


My initial research came from an editorial from TheLadders.com from a person in a similar situation:
https://cdn.theladders.net/static/images/editorial/weekly/pdfs/editorial_1026.pdf

What is that based on? Your opinion? Wisconsin state law specificially specifies that if asked your identification PRIOR to filling out an I-9 form for employment automatically constitutes age discrimination.

Is there anyone familiar with what the statute actually says, especially in NY? I mean, I as able to guess your answer in my question so Im looking for substance here.

Does NYS law say I have to prove it? Obviously you know this for a fact I assume? Mind if you toss a link because Im looking for facts.

Quote:

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Originally Posted by jdclipper5

What is that based on? your opinion? Wisconsin state law specificially specifies that if asked your identification PRIOR to filling out an I-9 form for employment automatically constitutes age discrimination.

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Hello again, jd:

Nahh. It's just my opinion. Automatically, huh? Would it be age discrimination if he asked a 23 year old for ID? In any case, if you found the Wis. Law, you ought to be able to find the NY law.

excon

This is very difficult to consider, because requiring your identification is also used for preventing identity theft. They want to make sure that you are who they say they are, so it's very difficult to prove whether they are discriminating against your age.

Furthermore, as they have no officially rejected you yet, you can always ask them for a reason as to why you were rejected. If they found a more qualified candidate (because they have more experience in that field or have higher education), then it's difficult for you to argue.

We definitely need more evidence and facts before we can argue that there has been age discrimination.

Asking for it, does not prove discrimination, it may prove they violated some state law in asking for it. But in many cases employers are asking for it more and more because of requirements to prove you are legal to work in the US.

This is the issue, merely asking for it is not proof of discrimination, you will have to prove that
1. it was given to the other manager
2. the other manager acted on it

If you can not prove those things you have no case.
That is why it is hard to prove those things. Often it takes someone on the inside to give that information publicly to be used.

And even then, sometimes a form of discrimination is even required, when I worked for the Federal government, we had many white males where were much more qualified than any women or other minority. But in two years not one were hired any any open positions I had, each time someone had to be hired, we were requried to hire less qualified people because of their minority status.

So get a secretary to rat them out perhaps, find other people who were discriminated against to prove a trend so you can sue to get a disclosure of their records.

But you have what you believe is the case, but no proof that will do anything

Posts combined, please do not start new threads on same subject