(Last Updated On: September 12, 2025)
Did you recently apply for a job only to find out that another candidate who was younger than you got the offer instead? If you are in this situation, you may be wondering if you were denied a job because of your age. It is important to keep in mind that age might not have been a factor, just because a job candidate younger than you received the offer instead. However, if there were signs or indications during the hiring process that the employer might have been seeking or preferred a younger new employee, then you could be eligible to file an age discrimination claim under state or federal law.
Job applicants and employees are protected against age discrimination under both Massachusetts law and the federal Age Discrimination in Employment Act of 1967 (ADEA). However, it is important to understand who these laws protect and who they do not protect. While some states allow age discrimination claims to be filed by individuals of any age, both Massachusetts state law and federal law only permit age discrimination claims from claimants 40 years old and older. It is also essential to know that age discrimination claims are only possible if you are at least 40 years old at the time the discrimination occurred. If you faced discrimination on the basis of age and you are 40 years or older, you may need to work with an employment discrimination attorney to find out more about the applicability of state or federal law to your case, and the next steps you must take in order to move forward with a claim.
What You Will Need to Prove for an Age Discrimination Claim in Massachusetts
What will you need to prove in order to win an age discrimination claim in Massachusetts? In short, you will need to show that your age was either the reason, or one of the reasons, that the employer made the decision not to hire you and to offer the job to another candidate instead.
You should also keep in mind that the employer has not necessarily violated the law just because a younger job candidate was hired. Rather, you will need to show that your older age was the reason, or at least a factor, in the employer’s decision not to hire you. The burden is on you, the claimant, to prove that age discrimination occurred. If you file a claim under Massachusetts state law, you may only need to show that your older age was a factor in the employer’s decision. Under the federal ADEA, the US Supreme Court has ruled that age must be the “but-for” factor in order for a claimant to be successful.
Common Forms of Evidence in an Age Discrimination Claim
What types of evidence can be used in an age discrimination claim related to a hiring process? Ageism in hiring and recruitment certainly does occur, and an employer may be liable. Common forms of evidence include, but are not limited to the following:
- Job advertisements explicitly seeking applicants of a particular (younger) age;
- Job advertisements that are more subtle but that imply they are seeking younger applicants by using language to recruit “recent college graduates” or using images of young people in the ad;
- Specifications in the job advertisement of a “maximum” number of years of experience;
- Recruitment language indicating the employer is seeking applicants who will be a “good fit” in its “young” or “energetic” office culture;
- Questions during the hiring process expressly about your age;
- Questions during the application process concerning years of graduation and a complete work history, or other questions designed to more covertly determine your age;
- Questions about your retirement plans;
- Questions about how you would do working for a “younger” manager or supervisor, or in an office culture with “younger” employees;
- Any language or commentary during the interview about how old you look or seem;
- Denied job because you are “overqualified”; and/or
- Younger person hired instead of you.
Many of the above, on their own, may not prove age discrimination, but taken together with other factors may be strong evidence of employment discrimination on the basis of age.
Contact Our Massachusetts Employment Discrimination Lawyers Serving Job Applicants and Employees in the Boston area
Did you recently apply for a job for which you did not receive an offer, and you believe age discrimination may have been the reason? If so, you may be eligible to file a claim. It will be essential to work with an experienced Boston employment discrimination attorney to determine whether to file a claim under state or federal law, and who can help you gather the necessary evidence to prove age discrimination. It is also important to keep in mind that age discrimination claims are only possible for individuals 40 years old or older — you cannot file an age discrimination claim because the employer believed you were too young for the job. Our firm is here to help. Contact Rodman Employment Law for more information about how we can assist you.
