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Georgia Job Qualifications Questions

 

Is age ever a qualification for a certain job?

Yes, in very limited circumstances. The ADEA makes an exception when age is an essential part of a particular job — also known by the legal term “bona fide occupational qualification” or BFOQ. For example, if a company hires an actor to play the role of a 10-year old, or a teen’s clothing store needs models, the ability to appear youthful is a necessary part of the job, or a BFOQ.   However, an employer who sets age limits on a particular job must be able to prove the limit is required because a worker’s ability to do the job after a certain age is actually diminished.

 

Can I be turned down for a job because I am “overqualified?”

It depends. The ADEA only prohibits discrimination based upon age. Although increased age most often correlates with more skills and experience in the workplace, an employer is not required to hire the most qualified or experienced person for a particular position if the company believes that person’s skills and experience are not the best match for the position. While some believe the explanation that a worker is “overqualified” is in essence a codeword for age discrimination, an employee would need to prove that the employer was motivated by the worker’s age, rather than a valid reason other than age.

However, it would be unlawful for the company to refuse to hire an experienced individual based on the assumption, solely based on the applicant’s age and lacking proof, that because they have more experience and/or skills than the position requires, the older employee might become bored and leave the job after only a short time. This is an example of the kinds of ageist stereotypes that can cause employers to discriminate against older workers.

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    1100 PEACHTREE ST NE # 500ATLANTA, GA 30309-4501

    Barrett & Farahany, Attorneys at Law, are located in Atlanta, GA and serve clients in and around Decatur, Atlanta, Scottdale, Clarkston, Avondale Estates, Pine Lake, Stone Mountain, Tucker, Smyrna, Conley, Marietta, Mableton, Forest Park, Ellenwood, Red Oak, Austell, Lithia Springs, Morrow, Lithonia, Rex, Riverdale, Clayton County, Cobb County, Dekalb County and Douglas County.

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