Can an employer refuse to hire an applicant based on his or her age?
In Idaho, an employer cannot refuse to hire an applicant based on their age. This is prohibited under the Age Discrimination in Employment Act (ADEA). The ADEA protects employees and job applicants 40 years of age and older from discrimination based on their age. This law applies to any employer with 20 or more employees, including state and local governments. It is illegal for an employer to make decisions about hiring, firing, promotions, or pay based on an applicant or employee’s age. Employers can’t ask about an applicant’s age or date of birth during the job application process. And employers cannot specify an age preference in job postings. Employers can’t use an age-based selection criteria to choose among equally qualified applicants. That means if an applicant meets the qualifications for a job, an employer cannot refuse to hire them based on their age. It is illegal for an employer to harass an applicant or employee based on their age. This includes any verbal or physical conduct that is based on age, such as jokes or comments about age, physical gestures, or name-calling. Overall, an employer in Idaho cannot legally refuse to hire an applicant based on age. If an employer does attempt to do this, the applicant can file a charge of discrimination with the Equal Employment Opportunity Commission.
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