so here's a question...

Say there's this position that has been posted since July and is still posted on-line as available in December. Also say that an applicant has applied who meets the stated criteria. Futhermore, say said applicant has surveyed the national average salary range for the type of position as offered and that one can expect to be offered a salary between $50,000-$70,000 annually. Now say the applicant reports that he/she expects to be offered $40,000 to $70,000 for the position in question during the application process and the applicant is around 48 years of age and the position goes unfilled while the applicant is never called in for a interview. Is this grounds for an age discrimination suit?

I know many posting a position, but not actually hiring until they are on a new budget.. or trying to stretch other's till the breaking point.. or the person being replaced hasn't retired yet because their 401k just tanked.. but research it. They should at least interview.. but you need to contact HR to see what has happened.

Sorry, can't say.

http://www.aarp.org/money/careers/jobloss/a2004-04-28-agediscrimination.html

They cover applicants too. Read the article at the link.

What to Do

If you feel you've been discriminated against on the job, talk to your employer to see if you can resolve the matter.

If you can't resolve the matter, you have the right to file a charge with the Equal Employment Opportunity Commission (EEOC). This is the federal agency in charge of enforcing the ADEA.

There are very strict periods for filing a charge. The EEOC can help you only if you keep to all the time requirements. Usually, you must file your charge within 180 days after the alleged act of discrimination. It is best to act as soon as you suspect discrimination.

Call the EEOC at 1-800-669-4000 or go to www.eeoc.gov to find out where the closest EEOC field office is. They can transfer you to that office. Get details on exactly what you have to do to file a charge.

You can file your charge in person, by mail, or by phone. Your EEOC field office will tell you if you should also file a charge with your state anti-discrimination agency.

It is up to you to gather all the documents that support your charge. The EEOC, or a private lawyer, can tell you what to provide.

If you can, it is best to file in person. In any case, get a date or time-stamped receipt for everything that you submit.

If you file a charge with the EEOC:

* The EEOC notifies the company that a charge of discrimination has been filed against them.
* The EEOC makes the decision to investigate the charge immediately or to proceed with a fact-finding process.
* During the fact-finding process, EEOC asks both parties for supporting documentation about the alleged discrimination.
* In the meantime, the EEOC attempts to resolve the problem between the employee and the employer through mediation. It uses a neutral third person to assist you and your employer settle a charge of discrimination. Mediation is voluntary and confidential. You do not lose any rights when you agree to try mediation.
* If no agreement is reached in the fact-finding process, the EEOC will decide whether to investigate the case further, to consider it for legal action, or to close the case.

It is discrimination just not age based. It's purely a numbers game for most companies. They'd rather hire two cheap people to replace one truly skilled in the hopes that one of them might actually be able to do the job. It's sad and infuriating that they don't realize that a skilled and experienced employee is worth their weight in gold. It doesn't matter the profession or skill, you can make more money with people who know the job than cheap labor that might just get by.

far from sufficient grounds