Age discrimination in hiring process

[Kanchou]

There is a company I am applying to do (somethingsomething) work for with a requirement to be over a certain age which, from all I can tell, is illegal. If I apply and they give me shit for not quite being that age, can I actually take action about it? Or is it just another employment law barely worth the paper it's written on? Like overtime compensation.

[legion]

Chances are the action you would take would involve paying 5000JPY for a half hour consultation with an employment lawyer to be told it isn't worth taking it further.


I went to see a lawyer a while back to check some things that had been niggling me, flexi-time just equaling unpaid overtime and such, her advice was basically "suck it up". I got the impression that my issues were pretty trivial compared to the kinds of things she usually dealt with.

[Russell]

For many jobs you have to be under a certain age (at least there is an informal non-stated upper limit).

I just wonder what jobs have a lower limit on age?

Politician? Governor of Tokyo? Pron movie director? NHK employee?!?

[Coligny]

nukular cleanup worker and soylent green...

[Kanchou]

There are certain jobs with maximum limits and certain ways that companies can limit the span of ages they will hire but there are regulations and having an "above XX" is illegal except in cases of where labor laws come into play (over 18, etc).

For example, you can't have an age span more than 10 years and less than 5. You can't have a maximum age without a minimum under the retirement age. Etc.

I don't want to say what the job is but it's a work from home thing.

[Samurai_Jerk]

It's probably illegal but definitely not worth pursuing a lawsuit unless you've got time and money to waste and a point to prove.

[wagyl]

I don't want to say what the job is but it's a work from home thing.

Ahh, so I was right, it is connected to that thread you just revived!

And on a serious note, from a pragmatic point of view, there is no positive outcome to you in pursuing this. It is not a job you currently have, they are unlikely to turn around and hire you because you took the initiative to point out their error, so all you will get is the warm glow of knowing that their butt might get kicked for it. Think about whether this is actually worth any effort on your part. Even if you did get a job out of it, this is the sort of employer who plays fast and loose with the rules, not the sort of organization I would want to be subordinate to.

[Screwed-down Hairdo]

As everyone's pointed out, it's worthless going to court.
FWIW, it is supposed to be illegal. But, I've just returned from Hello Work, where the first entry the search engine asks for is your age, so it should give you some idea of the Labor Ministry's stance on the issue....

[Kanchou]

I don't want to say what the job is but it's a work from home thing.

Ahh, so I was right, it is connected to that thread you just revived!

And on a serious note, from a pragmatic point of view, there is no positive outcome to you in pursuing this. It is not a job you currently have, they are unlikely to turn around and hire you because you took the initiative to point out their error, so all you will get is the warm glow of knowing that their butt might get kicked for it. Think about whether this is actually worth any effort on your part. Even if you did get a job out of it, this is the sort of employer who plays fast and loose with the rules, not the sort of organization I would want to be subordinate to.

In a few months it won't even be an issue but the idea sort of it (it's completely arbitrary) sort of pisses me off.

[matsuki]

I don't want to say what the job is but it's a work from home thing.

Ahh, so I was right, it is connected to that thread you just revived!

And on a serious note, from a pragmatic point of view, there is no positive outcome to you in pursuing this. It is not a job you currently have, they are unlikely to turn around and hire you because you took the initiative to point out their error, so all you will get is the warm glow of knowing that their butt might get kicked for it. Think about whether this is actually worth any effort on your part. Even if you did get a job out of it, this is the sort of employer who plays fast and loose with the rules, not the sort of organization I would want to be subordinate to.

In a few months it won't even be an issue but the idea sort of it (it's completely arbitrary) sort of pisses me off.

An agency that looked into these types of employment violations based on anonymous reports would ruin most companies in Japan...but to be fair, I'd apply and see if they make an issue of it. All my target lemurs are youngins but I'll be damned if I'll let age become an issue when a hotter older lemur comes a callin'

[Taro Toporific]

For many jobs you have to be under a certain age (at least there is an informal non-stated upper limit).
I just wonder what jobs have a lower limit on age?

Oh nooos.
Kanchou for the Pimp* Minister!

Kanchou.jpg

*Gr-r-reat typing mistake.

[Samurai_Jerk]

this is the sort of employer who plays fast and loose with the rules, not the sort of organization I would want to be subordinate to.

So you've basically disqualified 99.9% of employers in Japan (and probably globally as well).

I just wonder what jobs have a lower limit on age?

Five or six years ago I saw an ad for a job working as the official Jack Daniels rep in Japan for whoever their distributor was. You had to be over 40, American, male, J-E bilingual, willing to work nights, and able to travel to various events at bars around Japan. Basically, they were going to pay you to travel Japan and get shitfaced at events they sponsored. If I recall correctly, the annual pay was about 6 million yen. Not great but not bad. However, with amount of money I'd save on boozing it would be like making about twice as much At the time I really wished I was over 40. Hopefully they'll be looking again in a couple of more years when I am.

[matsuki]

Five or six years ago I saw an ad for a job working as the official Jack Daniels rep in Japan for whoever their distributor was. You had to be over 40, American, male, J-E bilingual, willing to work nights, and able to travel to various events at bars around Japan. Basically, they were going to pay you to travel Japan and get shitfaced at events they sponsored. If I recall correctly, the annual pay was about 6 million yen. Not great but not bad. However, with amount of money I'd save on boozing it would be like making about twice as much At the time I really wished I was over 40. Hopefully they'll be looking again in a couple of more years when I am.

So...you got screwed out of your dream job by your age?

[Kanchou]

There are a lot of jobs like that with legitimate, bonafide qualifications based on age. Obviously being a spokesperson for whiskey would require being an old dude. On the other hand, a clothing store targeted at young people, with employees wearing the clothing as part of the job is actually listed as an example of a legit reason to limit ages.

But in this case it's clear the company is simply trying to leverage the fact that all of their contractors are supposedly experienced because of an arbitrary minimum age.

Which is illegal.

[matsuki]

But in this case it's clear the company is simply trying to leverage the fact that all of their contractors are supposedly experienced because of an arbitrary minimum age.

Which is illegal.

Could be but you won't know how unreasonable they are until you apply and they either look past the age or stick to their stubborn guns...in which case, I'd just move on. ( you could probably bring up the fact it's illegal but not worth your time actually pursuing any legal action against them)

[Kanchou]

Yeah, I kind of figured as much.

In the US you see things on job applications that they aren't supposed to ask all the time, yet obviously if you don't fill it out, they aren't very likely to give you the job...at which point there really isn't anything you can do.

[Samurai_Jerk]

Obviously being a spokesperson for whiskey would require being an old dude.

Maybe for a nice single malt scotch but not for Jack Daniels.

[Kanchou]

...have you ever seen a Jack Daniels commercial? The guy sounds like he's the most haggard, hard-living 60 year-old country boy who ever lived.

[matsuki]

Yeah, I kind of figured as much.

In the US you see things on job applications that they aren't supposed to ask all the time, yet obviously if you don't fill it out, they aren't very likely to give you the job...at which point there really isn't anything you can do.

Yeah, the shoganai factor here sucks for sure but as you said, it's not totally non-existent in the US either.

[Samurai_Jerk]

Yeah, I kind of figured as much.

In the US you see things on job applications that they aren't supposed to ask all the time, yet obviously if you don't fill it out, they aren't very likely to give you the job...at which point there really isn't anything you can do.

Yeah, the shoganai factor here sucks for sure but as you said, it's not totally non-existent in the US either.

There are also a lot things that people assume you aren't supposed to ask in the US (i.e. political affiliation) that you actually can depending on the state you live in.

[Screwed-down Hairdo]

I've had numerous instances where people have apologized prior to asking me something they are not allowed to and in every single case I have answered honestly and openly...I'm still unemployed.

[gaijinpunch]

I always thought a good Onion article headline would be "white actor sues movie studio for racial discrimination after being denied role of black lead".