There is a Federal discrimination law about age and employment. You can’t lay-off, fire, or not hire due to age. Try to prove that you weren’t hired because of age in Florida! Right to Work state. Not a lawyer will touch this, of course, if you’ve got plenty fo $ to waste, they will take it. Basically told up front, this is a no win case.
I’m a contractor, 57, and been doing this job for over a year and 1/2. Fellow contract employee, 47, and I applied for the two full time positions that had been opened. He got hired, I did not. We both have done outstanding work, I even have come in early on any occasion needed, while he could not due to family commitments. Both equally capable for the positions. My immediate manager told me in confidence I would not get the position, and he was not happy with the HR ruling, and would not fill the slot if I didn’t get it (and he hasn’t). But upper managers (who seem to be afraind of HR) and HR will not discuss with me why I am not being hired.
3 more months, and the 2 year time limit on contractors is up, and I’m back to looking for work. Yippee! Hey, “One door closes, and another one opens!” Right?
I feel your pain, via my mother. We went through the proper channels where she works asking for reasonable accommodations for her job and were turned down for ludicrous reasons. No lawyer will touch it without a huge retainer. So, instead, she continues working and suffers greatly for it because she can’t afford not to work and she wouldn’t be eligible for disability for at least a year or so without a huge fight and lots of money that we already don’t have.
Forgot to add that I feel that this is similar to your case because my mother is obviously being discriminated not only because of her age (she’s two years older than you) but because of her seniority. By not granting reasonable accommodations to the aging workforce, they’ll be able to reduce costs by forcing older workers to retire and bringing in new help at a much lower cost.
While the person who got the job had family commitments, that can’t (legally) be used as a screenout factor.
The hard call appears to be proving what actual discrimination may actually exist in the decision. The decision could be something else entirely (and legal), and just as painful to you.
While it is lousy that you may be out of work shortly, I’m not sure I’m seeing how the discrimination laws are not working for you. You seem to be assuming that since you see yourself as a better candidate, you should have been hired. Perhaps the company does not view your background or quality of work the same way. Nothing has been said to indicate you were discriminated against based on your age.