Forums
driving experience
Legal Forum
driving experience
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We will be hiring for a courier position. We would like someone with several years (at least 5) of driving experience as the position requires driving a company vehicle at night and in inclement weath
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36257
Forums » Topic Forums » Legal Forum » driving experience
|
driving experience
posted at 11/13/2009 8:01 AM EST
|
Posts: 94
First: 2/7/2008 Last: 3/21/2011 |
We will be hiring for a courier position. We would like someone with several years (at least 5) of driving experience as the position requires driving a company vehicle at night and in inclement weather. We have an applicant who has at most, 3-4 years driving experience based on his age (which he disclosed.) Although I know we can't discriminate based on age, if we find someone with more driving experience, is that legitimate or would it appear that we were basing our decision on the applicant's age? |
|
|
driving experience
posted at 11/13/2009 8:42 AM EST
|
|
Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Unlawful age discrimination does not occur until age 40. Consequently if you don't want someone age 21 or 22 driving your company vehicle you don't have to allow them and it is not unlawful.
If you find someone with more experience then good; you have found someone with more experience and you are basing your decision on experience. |
|
|
driving experience
posted at 11/13/2009 1:01 PM EST
|
|
Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
No down side to base a decision on experience driving, espcially given the obvious job-relatedness thereof in this case. However, just a few states (e.g., New Jersey, Michigan) do recognize age discrimination based on being below 40. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
|
|
driving experience
posted at 11/17/2009 8:16 AM EST
|
|
Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi: I believe Michigan allows for under 40 and NJ anyone who is 18 or older--both states would allow what is frequently charaterized as reverse discrimination cases on the basis of age.
I trust this is helpful. Dave Arnold, Ph.D., J.D. |
Forums » Topic Forums » Legal Forum » driving experience
