In our three workplace scenarios, the answers are not clear-cut, but legal experts agree on the following broad interpretations without knowing any additional details:

Scenario One: The supervisor who asked if you'd be comfortable working with younger people might have been socially inept, but you'd be hard pressed to prove that there was age discrimination here. You did get the job. The supervisor may have been inquiring out of genuine concern about your well-being and job satisfaction. Don't let the comment eat at you. In the best case, you have the opportunity to prove how your past work experience contributes to enhanced performance. In the worst case, you'll know to be alert to other evidence of age discrimination in this workplace.

Scenario Two: This is the one that may be a legally actionable case of age discrimination--especially because of the remarks of the interviewer. The interviewer indicated that you were too old for the position and then hired a younger person for the position. You have a witness to the interviewer's remarks. Moreover, although courts have usually held that "stray remarks" (offhand, casual, or joking comments about age) are not evidence of discrimination, in one case the Third Circuit Court of Appeals (Keller v. Orix Credit Alliance, 73 FEP 72 [3rd Cir 1997]) held that previous remarks by a CEO about a terminated employee being "too old for the job" constituted age discrimination, with possible recoverable damages.

Scenario Three: This might seem like a clear-cut case of serial age discrimination. After all, every time you applied for a job a younger person was hired. Take a closer look. Each of these positions required a specific technical skill that you do not have. All the younger hires had mastered this skill. All your previous experience and accumulated wisdom can't make up for the fact that these younger workers had a skill the industry required to get the job done. If this is the type of position you want, then you need to get additional training and certification.

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