is it age discrimination in job ad

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adams

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I am a teacher and wanted to apply for an open teaching position in a private school. I qualify for the job. The ad reads "...School does not discriminate on the basis of race, color, sex, or national ethnic origin in its educational programs, activities, or employment policies."

Is this age discrimination?

If so, is it lawful?

Anything could done about it?
 
What makes you think it's age discrimination?

How old are you? (Yes, there's a reason I'm asking)
 
Just because it doesn't say that the school does not discriminate by age does not mean that it does discriminate by age. It was likely just an oversight in the ad.
Unless you first apply for the job and are then refused for an age related reason you will not have a discrimination case.
Just because you are not hired does not mean you were refused for an age related reason.
There is a long way to go before this is anything to worry about, but one thing is for sure- if you don't apply you have no argument at all.
 
I don't see where their ad says they discriminate based on age. Apply for the job & if you aren't hired, then decide if you believe it was due to your age (though we don't know how old you are).
 
You have point if I don't apply I have no argument.

I do not know if their ad infers age discrimination this is why I am asking. My concerns are about the restricted items leaving out age, among other things from their non-discrimination declaration. I am now teaching in the public school system. Their non-discrimination list of itmes is prety long, much more than four items. I understand from your answer that their non-discrimination declaration in their ad would be lawful regardless of whether or not they discriminate against age.
 
Just because they don't list age doesn't mean they discriminate due to age. There are other things that you can't discriminate against also that aren't listed (such as due to religion for one example) but that doesn't mean they discriminate against a person's religion.

You would need to apply for the job. However; even if you aren't hired, doesn't mean it was necessarily due to your age. You would have to have proof that the denial was due to your age.

PS - Federal age discrimination laws & your state's age discrimination laws apply to age 40 & over.
 
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I don't know what happened to my previous post but I am not seeing any suggestion that they discriminate based on age. They only have so much space - they can't list everything that they're not going to take into consideration (or that they are). The failure to list age as something they do not discriminate against, doesn't mean that they're planning to.
 
The law doesn't even require that they list the items that they did list, so the omission of any one legally protected characteristic is meaningless. Federally, age is only protected if you are over 40, and it can be awkward to phrase that in an ad so it is often just omitted. ALL age discrimination is not illegal. There are also so many other characterstics which may not be considered as part of the hiring process that it would be nearly impossible to list every single one.
 
If we look at the OP's quote, the ad is very specifically mentioning things prohibited by a law called Title VII. The age discrimination (should it occur) would be a law called ADEA. Point of fact, there are a lot of laws and most employers do not bother listing of the laws they are not going to break. There is no legal requirement that they have ADEA specific language in their ads, so until they actually take a harmful action that breaks a law, bothing bad has happened from an ADEA standpoint.

Now why are they using Title VII specific language? Maybe it has been an issue before. Maybe someone thought it was a good idea. Maybe a lot of things. But based on what we know that is a perfectly legal ad, and no ADEA violation has occured as a result of that ad.
 
If they are using Title VII language, they left out religion but again just because it isn't there doesn't mean they discriminate against it.
 
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