By Robert G. Brody and Fintan S. Lalor
The Connecticut Appellate Court recently held phrases such as “recent graduate” or “recent college graduates” in job postings are not inherently discriminatory under Connecticut law. The court explained a recent college graduate could be of any age and is not necessarily a proxy for age discrimination. Before this decision, most experts in the field would have predicted such language was unlawful.
Impact of the Ruling and Employer Takeaways
While the court’s decision clarifies that using language such as “recent graduate” or “recent college graduates” in job advertisements does not automatically constitute age discrimination, it is not necessarily wise. The court recognized that when building a case of age discrimination, such language could be a factor. Without more, it is legal, but as a building block combined with other facts, it can lead to a finding a discrimination. While such a phrase is not dispositive, the question has to be why take this risk? It is hard to justify such a strategy. If a college degree is needed, say that; if no experience is needed say that.
Beyond scrutinizing your advertisements, employers should ensure their hiring managers and HR departments are trained and not misled by this decision. HR professionals must know a similar finding could result if similar language is used in an interview as opposed to being placed in an ad. The bottom line is employers have a defense if they use such language, but trainings should tell your team not to go here.
Brody and Associates regularly advises management on complying with the latest local, state, and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.