age discrimination???

Discussion in 'Lawn Mowing' started by Brianslawn, Jan 28, 2006.

  1. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    can you tell an otherwise qualified prospective employee and/or sub that they are not being considered for the job because you feel they are too young or too old. say there is no law that states you have to be in a certain age group for that type of work, and they are an adult (18+), can you disqualify them because you feel they are too young and/or inexperienced, or too old and slow?

    if age discrimination is illegal, what type of action can the individual take?
  2. Pecker

    Pecker LawnSite Bronze Member
    Posts: 1,454

    You can turn them down if they are too young to operate equipment. Better be careful on the old age thing though. It depends on the size of your business best I can remember. You can get by with it if the job truly takes certain physical abilities but I would err on the side of caution and not discriminate until you have consulted the proper government agency and attained written guidelines from them (I forget which one - maybe someone who has actually worked in HR can help out here. . .)
  3. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    i ask, not because i plan on doing it, but because it just happened to me. this isnt the first time either. i was denied the opportunity to submit a bid for a commercial job because builder thought i was too young. a few years ago it was embassy suites. now it is j. e. dunn contruction company of kansas city, mo. we meet all lic, ins, bond, etc. requirements. i was flat out told that i could not bid the job becuase they felt i was too young and inexperienced.
  4. Green-Pro

    Green-Pro LawnSite Bronze Member
    Posts: 1,420

    unfortunately I have a feeling it is much easier to prove age discrimination if you are being turned down because you are elderly. This attitude seems to be more acceptable than being inexperienced. Youth and inexperience, like it or not are close companions, I'm not saying what happened to you was fair or right, but think you would have a difficult time in proving a discrimination suit based upon age.
  5. stuie

    stuie LawnSite Member
    Posts: 206

    I have always lent toward employing older people.Better work ethic and less or nil days off.Bad deal to have been rejected for the bid for being too young.Maybe you need to send in someone older as a representitive.Perhaps your father?
  6. newz7151

    newz7151 LawnSite Silver Member
    from Tejas
    Posts: 2,419

    Well geez, at 27, you'd think the guy is old enough. If there's a way to go over the head of the guy that denied you the right to bid.. check it out.
  7. sheshovel

    sheshovel LawnSite Fanatic
    Posts: 5,112

    If it was a regular job with a company yes it is illegal
    to discriminate on the basis of age.No on expierience though.
    When you work for yourself..I think they have to at least let you bid on the job..why would they tell you can't even bid..not right there.But you need to look at it this way too...if they don't want you to even submit a ya think you have a chance of winning that bid?No way,they will throw it in the trash.But as far as I know..if a bid is open and they are accepting bids for jobs..they have to allow you to submit your bid
  8. out4now

    out4now LawnSite Bronze Member
    from AZ
    Posts: 1,796

    Heres the bill. Won't help you anyway unless you're over 40. You have to go way down the page to find it, but it's there. Use your find function to go to section 12 to speed it up. cnrtl + F
  9. Brianslawn

    Brianslawn LawnSite Silver Member
    Posts: 2,004

    no kiddin. maybe i shouldnt have shaved. it makes me look younger now. the kicker is, 2 years ago the same company called me out of the phone book and asked me to bid on another job this size. i didnt get it, cheaper company got it. this time i stopped by office and asked about if bid was still open for this job. this was first time they seen me. i have been wanting to hire my dad and have him go to bids like that (and pretend to be me) while i tag along and be joe, the mechanic or something. just cant get him to give up his job, yet. im filing a complaint with state contractors board. theyll send letter to main office in KC. itll probably be a waste to try and lawyer up against them, so the letter will probably be all i can do.

    thanks for the input guys.

    (side note) 2 of the larger jobs we done this summer were a repair job and completing a halfway done job after other landscaper was fired. both of those jobs were originally done by company that got last je dunn job from me and will probably get this one. im sure i'll be getting called to do something on this new job in the next couple years.
  10. vkurt711

    vkurt711 LawnSite Member
    Posts: 32

    Brian, here are my .02.

    1. I think age discrimination only really applys if they are actually hiring you as an employee.

    2. If you really want to work for him, prove yourself. Submit a list of references, offer to drive him around and show off your work. He may be judging your determination by turning you down. This may be a guy willing to pay more for class A service, and does not want to hire someone that he perceives to not really "want" the job. Some on here will say that you should not go out of your way for this guy. That if he doesn't hire you on your terms upfront, he is not worth working for. That is a decision you have to make.

    Good luck in whatever you choose.

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