A 55-year-old experienced superintendent applies for a position. During the interview, they mention having 35 years of experience. Saying 'We're looking for someone with fresh ideas and energy' could be considered:
Correct Answer
C) Age discrimination under ADEA
Code words like 'fresh ideas' and 'energy' when directed at older applicants can be evidence of age discrimination. The ADEA protects workers 40 and older from such discriminatory language and practices.
Why This Is the Correct Answer
The phrase 'fresh ideas and energy' directed at a 55-year-old applicant constitutes age discrimination under the Age Discrimination in Employment Act (ADEA). These are classic code words that courts have recognized as discriminatory language that implies older workers lack vitality or innovative thinking. The ADEA protects all workers aged 40 and older from such discriminatory practices, and using age-related stereotypes in hiring decisions violates federal law regardless of how subtly they're expressed.
Why the Other Options Are Wrong
Option A: Acceptable since experience level was mentioned
Age discrimination can occur even without explicitly mentioning specific ages. The use of code words and phrases that imply age-related stereotypes is sufficient evidence of discrimination under the ADEA, regardless of whether actual numbers are stated.
Option B: A legitimate business preference
This is not a legitimate business preference because it's based on age-related stereotypes rather than actual job qualifications. Courts have consistently ruled that phrases like 'fresh ideas and energy' are discriminatory code words when used in the context of rejecting older applicants.
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