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bobbygedd
10-15-2004, 08:27 PM
i applied for a job. don't ask questions, i just did, that's all. anyhow, the man doing the interview said, "how old are you? 39? well, you do understand the physical intensity of this job? in fact, i've never had a guy over 20 yrs old that could last more than a couple weeks." if i don't get the job, is this age discrimination?

1MajorTom
10-15-2004, 08:32 PM
age discrimination starts at 40. I can think of various other reasons why you wouldn't get hired besides your age. ;)

Turf Medic
10-15-2004, 08:32 PM
Unless you live on a different planet, as soon as the guy asked you your age, it became age discrimination. Now, if you were alone in the room and no one else heard him, it may be a problem. But Federal law prohibits asking age or birthdate before you are accepted for the position.

qualitylandscaping
10-15-2004, 08:33 PM
I think he should let you prove if you are physically intense enough for the job before he doesn't give it to you.

Go shove two 50lb weights in front of his face and then see what he has to say.. :blob3:

out4now
10-15-2004, 08:41 PM
It's against the law to ask that question in an interview or on an application. (With some minor exceptions.) At least that's what the lawyer who taught our Ethical and legal Issues class said. Get an attorney's opinion. You may not be able to prove it was asked but I'm pretty certain it's illegal.

bobbygedd
10-15-2004, 08:45 PM
prove what? i'll tie him to a tree, drink beer, and throw rocks at him till he admits it on tape.

oneandonlyjojo
10-15-2004, 08:46 PM
u can ask how old someone is because #1 they are going to find out anyway reading your applications and they need to make sure u are not under 18 so u arent a minor "technically"

what kind of job was this anyway? u will probably get the job as he said there have been older people working b4 but have not lasted 2 weeks. sounds like a ups job or sumtin all they care about is if u can lift a lot of heavy **** and not cry

out4now
10-15-2004, 08:48 PM
lol :p Why were you appllying anyway? Winter tide over money?

bobbygedd
10-15-2004, 08:50 PM
read the post, "don't ask questions"

out4now
10-15-2004, 08:52 PM
[QUOTE=oneandonlyjojo]u can ask how old someone is because #1 they are going to find out anyway reading your applications and they need to make sure u are not under 18 so u arent a minor "technically"

They can ask if the job has some stautory liability to it. Chip n dales dancer (shudder) , Alcohol related, CDL, something hazordous, but technically it's illegal to even have DOB on an application if none of these types of things apply because they do not really have an impact on your ability to do the job.

pjslawncare/landscap
10-15-2004, 08:52 PM
u can ask how old someone is because #1 they are going to find out anyway reading your applications and they need to make sure u are not under 18 so u arent a minor "technically"


An employer is allowed to ask if he is over the age of 18, Just not able to ask the age

Turf Medic
10-15-2004, 09:20 PM
u can ask how old someone is because #1 they are going to find out anyway reading your applications and they need to make sure u are not under 18 so u arent a minor "technically"

what kind of job was this anyway? u will probably get the job as he said there have been older people working b4 but have not lasted 2 weeks. sounds like a ups job or sumtin all they care about is if u can lift a lot of heavy **** and not cry


Before you start hiring people you should probably get a book and check out what you can ask. You can tell them the minimum age and ask them if they meet that requirment, but you can't ask age, you can't ask if they are married, you can't ask religion, political affiliation, if they have children or not, plans for children, if you are hiring a female and she is obviously pregnant you can't ask due date, even if it will affect job performance. You can't even ask if they have a car unless it is a requirment of the job like pizza delivery, and concerns about getting to and from work will not let you ask about car ownership.

proenterprises
10-15-2004, 09:43 PM
like stated, the only question that may be asked is if the applicant is over 18 years of age, for osha reasons. it is discrimination to as how old you are, and if you do not get the postion, you could bring up the discrimination factor, for suspicion that it had to do with your age.

GreenMonster
10-15-2004, 10:56 PM
Bobby,

You may have bigger problems than your age.

Most employers now require a successful alchohol/drug screening before you are hired. :p

bobbygedd
10-15-2004, 10:59 PM
so, i'll get my dog to pee in the cup

Up North
10-15-2004, 11:07 PM
so, i'll get my dog to pee in the cup

Then you won't get hired because they'll think it's odd that you're in "heat"... ;)

Buck

fga
10-15-2004, 11:37 PM
i applied for a job. don't ask questions, i just did, that's all. anyhow, the man doing the interview said, "how old are you? 39? well, you do understand the physical intensity of this job? in fact, i've never had a guy over 20 yrs old that could last more than a couple weeks." if i don't get the job, is this age discrimination?
Bob,
i have to ask those questions. Ofcourse you got the job. :waving:

impactlandscaping
10-15-2004, 11:47 PM
I had the opposite here a few weeks ago...I had a job posted for a full time position.... this guy calls, says he needs a job badly, and i liked what I heard talking to him , so I set up an interview. He shows up and was looking at me strangely, and before anything was said or done, he said he couldn't work for someone younger than his son. I was like, wtf?...,OK, see ya..good luck at MickeyDees.......

To answer your question, yes there is grounds for age discrimination if you are not hired. As others have said, all he could ask is if you are over 18, not your exact age. His decison could be based on the information you provided against his mentioning of the 20 year olds..My experience says most 20 year olds(not LCO's..calm down, kids..) are lazy at best anyways..always trying to beat the system into submission by avoiding actual work and shirking responsibility for themselves at work. Just beat the sh1t out of him if he doesn't hire you. It will be less costly and more satisfying than taking him to court..Ok, Ok, I'll get down from my soapbox now...lol ;)

Lbilawncare
10-16-2004, 12:55 AM
Is this a roundabout way of saying you goofed up and asked a potential employee his age?

tiedeman
10-16-2004, 01:04 AM
i applied for a job. don't ask questions, i just did, that's all. anyhow, the man doing the interview said, "how old are you? 39? well, you do understand the physical intensity of this job? in fact, i've never had a guy over 20 yrs old that could last more than a couple weeks." if i don't get the job, is this age discrimination?

when you ask, "How old are you?" That is age discrimination. But when you ask, "Are you at least 18 years of age." That is not

Soupy
10-16-2004, 01:07 AM
i applied for a job. don't ask questions, i just did, that's all. anyhow, the man doing the interview said, "how old are you? 39? well, you do understand the physical intensity of this job? in fact, i've never had a guy over 20 yrs old that could last more than a couple weeks." if i don't get the job, is this age discrimination?


Tell him that you have never had a 20yr old last a couple of minutes in a fight with you :) Tell him that those 20yr old were puppies and their muscles were not fully developed yet :) That should get him thinking.

HOOLIE
10-16-2004, 01:23 AM
Physical intensity? Surely, you informed him of your prowess with the shovel...

brucec32
10-18-2004, 02:26 AM
I'm confused. I thought Bobby already had a paying job here on Lawnsite, fabricating ridiculous stories-of-the-day involving conflict with customers to stir things up and keep the traffic high so that advertisers are happy.

mbricker
10-18-2004, 03:56 AM
Yes Bruce32 that theory has made the rounds. There is also a theory that at least 3 different people write the posts seen under the name Bobby Gedd. There is also a theory that no one person could possibly have all the wacked out customers and wacky situations that BG writes about.

I personally have decided that Bobby Gedd is a real breathing lco, who ingests massive quantities of speed and alcohol, resulting in the appearance of multiple personalities and the ability to have more near-death experiences than any 20 of the rest of us.

Oops, please realize that the reference to "speed" in this case does NOT have anything whatsoever to do with anything illegal.

bobbygedd
10-18-2004, 09:27 AM
bruce, you're wrong, you aren't confused, you're just an idiot :bday: . and how on earth can i possibly support my drug and alchohol habit on what i get paid here? ok, truth, honest truth why i'm taking a job? money has nothing to do with it, in fact, i'm a journeyman printer and could seek work in my field easily starting at $25 bucks an hour. i'm not doing that.IN FACT, THE JOBS I'VE BEEN APPLYING FOR PAY ANYWHERE FROM $8-$14 AN HOUR. fact is, what i've heard from a million people, it's all very true. YOU NEED TO HAVE DISCIPLINE! you see, there are three reasons a man gets out of bed to go to work. #1- if he doesn't his boss will be on his ass. #2-he needs the money. #3- he has nothing else he likes to do. well, i have no boss, and i really don't NEED the money, and, i do have other things i like to do, but, aside from fishing, the other things are self destructive. i mean, i have to make a living, but my wife makes great money, and i really need to only work like maybe 20 hrs a week. i find myself dropping off the crew, and getting into trouble. frquenting the local taverns, chasing chics(who never seem to run away), well, you get the picture. my life is one big party since i have nothing to occupy my time. i need to get back into a routine. i wasn't ready, from a mental standpoint, to be my own boss. i have no discipline. it's like, ok, it's 3 pm, should i go trim mrs. jones bushes, or, meet those 3 chics at happy hour? :cool2: .........sorry mrs. jones, maybe tommorow.

dcwalker
10-18-2004, 09:57 AM
Every job I've ever applied for asked birthdate. Is it illegal to ask or is it illegal to have to tell them?

proenterprises
10-18-2004, 10:06 AM
bruce, you're wrong, you aren't confused, you're just an idiot :bday: . and how on earth can i possibly support my drug and alchohol habit on what i get paid here? ok, truth, honest truth why i'm taking a job? money has nothing to do with it, in fact, i'm a journeyman printer and could seek work in my field easily starting at $25 bucks an hour. i'm not doing that.IN FACT, THE JOBS I'VE BEEN APPLYING FOR PAY ANYWHERE FROM $8-$14 AN HOUR. fact is, what i've heard from a million people, it's all very true. YOU NEED TO HAVE DISCIPLINE! you see, there are three reasons a man gets out of bed to go to work. #1- if he doesn't his boss will be on his ass. #2-he needs the money. #3- he has nothing else he likes to do. well, i have no boss, and i really don't NEED the money, and, i do have other things i like to do, but, aside from fishing, the other things are self destructive. i mean, i have to make a living, but my wife makes great money, and i really need to only work like maybe 20 hrs a week. i find myself dropping off the crew, and getting into trouble. frquenting the local taverns, chasing chics(who never seem to run away), well, you get the picture. my life is one big party since i have nothing to occupy my time. i need to get back into a routine. i wasn't ready, from a mental standpoint, to be my own boss. i have no discipline. it's like, ok, it's 3 pm, should i go trim mrs. jones bushes, or, meet those 3 chics at happy hour? :cool2: .........sorry mrs. jones, maybe tommorow.



where did you apply. depending on if it is a major corporation you could call their team headquarters responsible for hiring and speak with them about them asking you certain information.

MMLawn
10-18-2004, 10:39 AM
BobbyG does that mean that you are going to get out of the lawn care biz then?

bobbygedd
10-18-2004, 11:01 AM
never, never ever ever. i like what i do. i just let myself get too lazy, unmotivated, and irresponsible. a man needs dicipline in his life. i have none. i was just not ready, mentally, to be on my own. for 21 years, i worked in the graphics arts world. i had to be there at a certain time, perform at a certain level, maintain a certain work ethic, which was directly related to how you live your personal life. when i left there, it was as though someone released me from prison. the rules were, that there were no rules. i did what i wanted, when i wanted, and how i wanted. as time goes by, i feel myself getting lazier and lazier, less motivated, laying on the couch, doing nothing. i spend more time hanging out at the track, watching football, just doing things that arent constructive. this is bad. i've fallen into a "rut" that i'm afraid will just get deeper. i will take on a job for the next couple of months, on a trial basis. the only problem is, i can see myself, the first time the boss snaps at me, telling him to go screw himself, and walking out.

MMLawn
10-18-2004, 11:11 AM
There is a lot to be said for your realizing what you have said and acting on doing something about it. A lot of folks that fell into that trap wouldn't admit it. Keep your customers though cause we need the stories! :drinkup:

Precision
10-18-2004, 11:12 AM
Suggestions.

Leave your shovel at home, at least on day one.

after a month or two of behaving yourself fairly well, ask for a transfer to the collections dept. Tell them you have your trusty shovel and PLENTY of experience.

Get a job where the chicks are ugly.

And no they can't ask your age. Sue them if you want. that will take up some time and create a structured environment while the court case lasts.

Liberty Lawncare
10-18-2004, 11:21 AM
Dude maby the mullet had him confused about how old you are. ;)

Gravely_Man
10-18-2004, 12:00 PM
The minute that your age was brought up was a problem. This is a violation of the current federal laws governing hiring practices. You are now entitled to a job or some money…..No I am not a lawyer but I play one here on lawnsite.


Gravely_Man

mbricker
10-18-2004, 12:02 PM
Bobby, here is my advice:

Buy your wife a Cadillac, or better yet, a Mercedes. Buy a $30 Grand bass boat. (No bass fishing in your area? Buy a deep-sea rig) Buy your family a MUCH bigger house.

Are you following me? Debt, my man , is the key to motivation.

If you need help spending beyond your income, I will send my wife to NJ to help out. Good luck!

mbricker
10-18-2004, 12:09 PM
BTW, as I have said on Lawnsite recently, I re-entered the job market. The company that hired me did NOT in any way ask my age. Nothing on the aplication about my date of high school graduation, dates of military service, age of my kids, or anything that would allow them to infer my age. Absolutely nothing in the interview ever veered in the direction of age.

I am 55, but look about 10 years younger.

So at least some employers are doing the correct thing regarding not discriminating for age.

Runner
10-18-2004, 01:58 PM
If they are concerned about your physical abilty, and being able to "hang" with the younger workers' pace, just do what I do. I tell them that I worked out everyday all the entire time I was in the penetentiary. THAT'll get their attention! :drinkup:

Grassmechanic
10-18-2004, 02:29 PM
TurfMedic has a good comprehension of labor laws. His advice is right on the money.

brucec32
12-29-2004, 03:43 PM
I guess someone's secrets to lawn sucess haven't panned out. Finally piss off every potential customer in a 50 mile radius or something?

Then again, the guy might have been lying and covering up his bias against mullets.

Evergreenpros
12-29-2004, 04:54 PM
i applied for a job. don't ask questions, i just did, that's all. anyhow, the man doing the interview said, "how old are you? 39? well, you do understand the physical intensity of this job? in fact, i've never had a guy over 20 yrs old that could last more than a couple weeks." if i don't get the job, is this age discrimination?


The interviewer can ask you anything, period. If you answer a certain question, and your answer is used to make a decision, THEN the question can and may be discriminatory. It is not against any law to ask anybody their age. However, it may be against the law to use a person's age as a factor in the hiring process.

There are exceptions, the major ones are: Minimum age requirement - Obviously if you're going to serve alcohol in a bar and you have to be 21, they can't hire you and then find out you're not old enough, it isn't practical.

Physical limitations that are age related - here's the one this guy thinks he falls under. Age can be used as a factor in the hiring process if the job is extremely physical and it is commomplace that people above a certain age cannot perform the job. This puts you smack dab in the grey area and opens a pandora's box. If you have a job landscaping for example, and in the JOB DESCRIPTION it mentions pushing a mower for 5 hours a day, carrying 75 lb items up to 50 ft for 3 hours etc etc AND you have proven in the past that 80 (or whatever age) year old men cannot satisify the requirements of the job, then you can use age to rule them out. In other words, it's a huge and
long process if you want to use age. It's best to just guess-ta-mate and mark the app in some fashion.