by Karen Elliott
Has your company joined the Twitter job posting trend? If it has, you may
unwittingly be discriminating against older applicants. While many of the
40 and older set have acclimated to Facebook and Linked-In, Twitter still
appeals predominantly to the under 40 age group. While Twitter advertising
may be economical, if you have 20 or more employees, you may be subject to a
disparate impact claim under the Age
Discrimination in Employment Act of 1967 if you rely solely or
predominantly on Twitter to advertise your openings.
The EEOC enforces the ADEA and considers the ADEA to
prohibit an employer from using neutral employment policies and practices that
have a disproportionately negative impact on applicants or employees age 40 or
older, if the policies or practices at issue are not based on a
reasonable factor other than age. While a 2009
US Supreme Court Case may make age claims more difficult, (requiring ADEA
claimants to show that the discrimination was "because of" someone's age), that
doesn't mean your practice won't get challenged.
If you are using Twitter to advertise, take a look at
your applicant pool. If it is disproportionately under 40, you may need to
rethink your advertising strategy.
For those who are older than 40 looking for a job, the
message is clear - Twitter up!
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