On behalf of John Dorris of Dorris Law Group posted in Workplace Discrimination on Monday, September 28, 2015.
Many Arizona residents who are over the age of 40 unfortunately experience age discrimination while they are looking for work. The Texas Roadhouse restaurant chain is facing a lawsuit from 55 people who claim that they were passed over for employment because of their ages. Texas Roadhouse is disputing the claim brought by the Equal Employment Opportunity Commission, saying that while it may hire fewer older workers than younger workers, its hiring practices are legal.
One of the claimants in the lawsuit is a Florida mother who was 40 years old when she applied for a position as a server at a Texas Roadhouse restaurant. The woman had two years of experience as a restaurant worker before applying. After following up on her application and being told that the restaurant was not currently hiring, the woman learned that the restaurant had filled the position. Later, the woman found out that the restaurant had hired a 19-year-old woman with no restaurant experience.
Though age discrimination complaints usually concern older employees being dismissed from their positions, discrimination during the interview process is a growing problem. Data from the U.S. Census Bureau shows that there are now more middle-aged and senior people looking for work, and these job applicants could be having a difficult time. In the case of Texas Roadhouse, the restaurant chain has argued that it can legally favor younger job applicants because servers must line dance, wear jeans and work on evenings and weekends.
Proving age discrimination during the interview process is difficult, but it can be done. A lawyer can often assist people who believe that they were discriminated against on the basis of age to conduct an investigation into the employer’s hiring practices. If there is a clear pattern of age discrimination, a lawyer may suggest initiating the process by filing a discrimination claim with the EEOC.
