Age discrimination for job?

Question

I applied at sears, im 16, online for the sales position. I get an interview and go into today and say that i have to be 18. I was wondering if that is legal because i know it is illegal to discriminate against age. It was a stupid system for them to have for me to get all interview ready with them knowing that i could not get the job and there were no other openings. I wont do anything but i was just wondering if it was legal for them not to even consider.

Answer 1

There are relatively few jobs available for people under 18, for a number of reasons, for one thing, child labor laws, which allow them to only schedule you to work a certain number of hours per week and can only work certain hours on different days. Another thing, there is a lot of equipment that you cannot legally operate unless you are 18+, which limits the tasks you can do. From an employers' perspective, it really ties their hands. If you're 16, I seriously doubt that you were seriously considered for a commissioned sales position, they likely brought you in for an interview for a lower ranking job, cashier, stocking, cleaning, etc. And there probably just wasn't much available. Look, I wouldn't be offended, its certainly not illegal, the fact is, its a h**l of a lot harder to find a job if you're under 18 years old. I remember being so frustrated not being able to find a job at that age. 14-17. All of my friends had connections, they knew people that owned local businesses, so they were able to slip by a lot and get decent work, much of it under the table. I probably could have gotten something had I asked, but I was so stubborn, I thought it was corrupt, I wanted to get something based on my own, thin, credentials. But, had I let up, I likely could have found work before I hit 18. Don't be afraid to ask around. See if your family/friends know anyone who could possibly get you a job.  

Answer 2

its not called discrimination but child labor laws. the job they had in mind might have had hours that by law you couldn't work or other things that may have violated the law.

Answer 3

Yes, it is legal. The law in almost every jurisdiction addresses the discrimination issue by saying that employers absolutely have the right to hire based on bona fide (legitimate) character, physical, or intellectual attributes.

For example, insurace companies charge higher premiums to retailers who employ minors to work around certain equipment. Why should Sears hire an employee that will cause them to have to pay higher insurance premiums? The law is written to account for this.

Other examples of bona fide attributes would include physical strength. It would not be considered s*x discrimination if a lumber company employed male workers who averaged 220lbs, 6 ft tall, etc., but would not hire a 5'2" 115lb female. Hiring the female would be legitimately counter productive to the company and the law recognizes this.

Someone might use your same arguement claiming discrimination because an employer, for instance a billing agency, didn;t hire them because they did not have a High School diploma or GED. This is not discrimination. Age can be a job requirement just like education level can.