Can an employer refuse to hire an applicant based on his or her age?

In West Virginia, employers are permitted to consider age in decisions related to employment. However, they are prohibited from making hiring decisions based solely on age. This means an employer cannot refuse to hire an applicant solely because of their age. The West Virginia Human Rights Act prohibits discrimination in employment based on age. This means employers cannot make decisions about hiring, firing, promotions, pay, or other terms of employment based on a person’s age. The only exception is when age is a bona fide occupational qualification that is reasonably necessary for the performance of the job. In addition, the Age Discrimination in Employment Act of 1967 (ADEA) also prohibits discrimination based on age. This Act applies to employers with at least 20 employees and to those who are 40 years of age or older. The law prevents employers from denying job opportunities to individuals because of their age and prohibits retaliatory action against employees who report age discrimination. In conclusion, while employers may consider age in their employment decisions, they cannot make decisions based solely on age. Both West Virginia state law and federal law prohibit employers from discriminating against applicants and employees based on their age.

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Can an employer refuse to hire an applicant based on his or her age?

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