If your company regularly interviews and hires qualified female applicants for all available positions, you may think the company is in a strong position to defend against gender discrimination lawsuits filed by rejected applicants. Similarly, if your company refrains from asking applicants about their age and interviews and hires applicants who happen to be older, you should be able to defend against an age discrimination claim, right? Not so fast.
Two recent studies found that older female applicants are less likely to be offered a job than older male applicants. What are the legal ramifications of the studies’ findings for employers? If an employee cannot prove that she was discriminated against because of her membership in a protected class, can she nevertheless argue that she was discriminated against because of her membership in a set of protected classes?