Is it age discrimination if, during a job interview, I was asked how old I was to know when I would be retiring?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it age discrimination if, during a job interview, I was asked how old I was to know when I would be retiring?

I responded, I am 64 and do not plan to retire for a long while. If I do not get the position due to my age 64, can I sue the employer?

Asked on March 3, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You *may* be able to succeessfully sue the employer. Because of your age and because is inappropriate (not strictly illegal, but inappropriate) to inquire about your age during the interview, if you are not hired, you will have likely made a "prima facie" (basically, "on its face") case for illegal age-based discrimination. But the employer then has the chance to show that there was some valid, neutral, non-age-based reason for the decision, such as if your experience, credentials, or education was not a good fit for the position, or there was a better candidate. If they can do that, they can avoid liability.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption