Chapter 10 - "It has to be blatant"

"Facts About Age Discrimination
"The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

"It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

"The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government."

However, Mr. Bobby R. Taylor (www.taylor-law.com) says "it has to be blatant." From this quote describing age descrimination from the EEOC, I don't read that.

You read it for yourself. I've posted the memo below for your review. Mr. Taylor, as black and as bald as I am spent 20 minutes with a white couple before me dressed casually in jeans and canvas pants. He might have spent 20 seconds with me dressed in a business suit. "Just cut to the chase and I'll see if I can help you." I paraphrased the memo below. He "didn't have enough to go on. They may have a reason: they may not want to pay for older employees and are looking for college freshouts." But, that's not age discrimination. Amazing clairvoyance from Mr. Taylor's "cutting to the chase," considering the lawyer never bothered to read my memo:

*****

Memo for Record, 8 August 2005
Re: Corporate Plus Executive Search Firm/Age Discrimination

To Whom It May Concern:

A Mr. Levan Johnson of Corporate Plus Executive Search Firm contacted me Monday, 25 July 2005. My initial contact was apparently via e-mail at 10:25 AM CST (see E-mail). That was followed up with a call on my cell phone at approximately 11:10 AM.

Mr. Johnson informed me of a Leadership Training Program with a Fortune 15 corporation that his company represented (again, see E-mail). I was chosen for my resume on CareerBuilder.com and it’s mentioning of my four years of prior management experience in the United States Air Force where I managed 85 persons in a four-year period.

Mr. Johnson understandably wanted an updated copy of my resume: “What have you been doing since 2003?” I’d been laid off from my job. I admitted I’d been running a business – he called me right in the middle of administrating a martial arts summer camp at the park. He said that experience would also be attractive since the Leadership Training Program was a store management position with their client, Home Depot.

I revised my resume and sent it the same day for Mr. Johnson (see 2nd E-mail). I’ve also included the revised resume.

Not hearing anything, I called Mr. Johnson that Friday, 29 July 2005 to follow-up on the status of my resume. He forwarded me to a Walter, who was over the division responsible for the Home Depot account.

Walter informed me that the resume had been forwarded and I should hear something soon regarding the next step – a telephone screen. I was informed if I did not hear anything that Friday, I’d definitely hear something conclusive on Monday.

“You’re overqualified based on your years of experience,” was the call and the statement from Mr. Johnson. I asked for clarification, as I could see I am probably overqualified with an Engineering Physics bachelors and 10-plus years experience as an engineer in the semiconductor industry. “No, sir. You’re overqualified based on your years of experience. The position is looking for someone with a total work experience of 6 – 10 years. You have more.”

I did the math in my head. I’ve worked since the age of 16 and I graduated college at 22: that’s either a person age 22 – 26 years or age 28 – 32 years. I will be forty-three Sunday, 14 August 2005. “Is that another way of saying ‘I’m old?’”

“No, sir. You’re overqualified based on your years of experience,” he repeated hesitantly. “That’s the total work experience our client is looking for. We will keep your resume on file for other opportunities that are a better fit for your background.”

I said, “Thank you.” I hung up and called information for the number to the Law offices of Bobby R. Taylor, Attorney. END

Mr. Taylor extended his hand as I walked out of his office. I did not reciprocate, interrupted by a call on my mobile phone. He informed his secretary I did not need to pay the $50 consult fee. A rather small, gracious gesture.

I will not seek Mr. Taylor's permission to use his comments if this blog becomes a book. You can't pay for this brand of cosmic comedy anywhere!