Question

Certain protections exist (through the Civil Rights Act) for groups/classifications. Age related discrimination is protected - but not necessarily in all cases. Baby boomers typically possess more work experience and are older than the next generation. Does an employer have the right to refuse to hire candidates who are overqualified, such as baby boomers? Substantiate your response.

Answer 1

Yes, an employer does have the right to refuse to hire overqualified candidates. Though ADEA protects the employees aged 40 years or more from age discrimination, there are many exceptions to this rule which includes bona fide occupation qualification where the employer should prove that the job required a younger worker to perform the job. It would be difficult to prove discrimination in hiring a baby boomer because a company is not required to take decisions that would have financial impact on the company or that may affect the business processes. Hiring of an overqualified candidate like baby boomer may lead to increase in cost due to higher payment required for the baby boomers based on their seniority and experience. Moreover every role requires certain level of experience and knowledge level and a much higher level may affect the required job performance. A company should hire a person who is fit for the job and the labor laws do not insist to hire an overqualified candidate.