Re: Can this career be saved?

Subject: Re: Can this career be saved?
From: Paul Goble <pgcommunication -at- gmail -dot- com>
To: TECHWR-L <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Wed, 8 Jun 2011 19:50:48 -0500

I wrote:
>> [Large companies] ramp up hiring of new college graduates.  Strict policies bar the
>> hiring of anyone who is not a recent graduate.

And William Sherman replied:
> When you find this in an ad, file a complaint with the Department of Labor.
> This is a specifically prohibited item of age discrimination and is spelled
> out in the law.

I haven't seen it in an ad, but the big corporations don't seem to see
any problem with such a policy (which is probably structured in very
particular ways by very savvy people). IANAL--I am not a lawyer-- but
here are some United States court opinions that have been claimed to
be relevant:

"We are obliged to point out several misconceptions of the ADEA
evident in the record and related evidentiary admissions that simply
did not support plaintiffs' assertion of age discrimination. First,
the bare fact that an employer encourages employment of recent college
and technical school graduates does not constitute unlawful age
discrimination. Only when those recruits are insulated from reduction
at the expense of employees within the protected age group is the ADEA
implicated." Fifth Circuit Court of Appeals, 656 F. 2d 120 - Williams
v. General Motors Corporation

"That Dillards recruits recent college graduates is not evidence it
discriminates against older workers. " Eighth Circuit, 109 F.3d 457,
459 - Grossmann v. Dillard Dept Stores

"A willingness to hire recent college graduates, which is not evidence
of an intent to target older workers for termination." Adams v.
Indiana Bell Telephone Co., 2 F. Supp.2d 1077 (S.D. Ind. 1998...I
don't know whether any higher courts agreed with this one)

It's also interesting to Google "college recruiting during layoffs"
(without the quotes). This practice is discouraging for those on the
layoff end of the equation. But it's a ray of hope for students in
technical communication programs.

--
Paul Goble
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Follow-Ups:

References:
RE: Can this career be saved?: From: Al Geist
RE: Can this career be saved?: From: Becca
Re: Can this career be saved?: From: Gene Kim-Eng
Re: Can this career be saved?: From: Paul Goble
Re: Can this career be saved?: From: William Sherman

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