It is illegal for an employer to discuss age period. Age should never
be discussed during and/or after an interview. Additionally, it should
not be placed on neither the resume or cover letter. According to the
Equal Employment Opportunity Commission (EEOC), Age discrimination
involves treating someone (an applicant or employee) less favorably
because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age
discrimination against people who are age 40 or older. It does not
protect workers under the age of 40, although some states do have laws
that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an
older worker over a younger one, even if both workers are age 40 or
older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
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