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Age Discrimination Based on Being Young
Editor's Note
Age Discrimination Based on Being Young
If you ask my kids in their 20's, they will tell you they've experienced age discrimination. People don't take them seriously because they are young. People assume they don't know what they're doing even when they have experience and are really good at it.
As a (former) blonde named Heather, I understand what it's like to be underestimated and dismissed as a lightweight. Although, that was only related to age for a little while. And the people who did it, learned their mistakes the hard way. Now that I have grey hair, I'm dealing with different assumptions. Being a lawyer still helps a lot. The sexual harassment has also stopped. So I've got that going for me, which is nice.
But age discrimination against young people is real, even if it doesn't last forever. In a bold move, Oregon has expanded its age discrimination law to cover anyone 18 or older. Why 18? Because people don't usually have the legal right to sue someone for discrimination until they're 18. Before that, a parent or guardian has to sue on your behalf. Minors are considered legally "incompetent." It means eligible in this sense, but you can see why the discrimination exists just from the language we use.
There's also nothing about turning 18 that makes anyone competent at anything. At the same time, many 18 year olds are extremely competent at lots of things.
Like all forms of discrimination, the issue is not really age, gender, skin tone, or whether and who you pray to. Discrimination is about seeing people as different and therefore less than or other than "us," whoever us may be. Making assumptions about someone's ability to do work because they are younger is just as bad as making assumptions because they are older or anything else that has nothing to do with someone's abilities or qualifications.
Focus on what people can do, not who they are.
- Heather Bussing
by Paul Cirner
at Littler
Oregon is widely considered an employee-friendly state with a robust framework of statutes prohibiting various forms of discrimination and retaliation in employment. When it comes to age, Oregon is one of only a handful of states that prohibits employment discrimination against individuals as young as 18. On May 22, 2025, Oregon Governor Tina Kotek signed into law Oregon HB 3187, significantly expanding Oregon’s age discrimination protections in hiring and apprenticeships. HB 3187 is scheduled to take effect 91 days after the legislature adjourns, giving employers time to update their hiring practices and policies.
Hiring Age-Related Inquiries
Employers and employment agencies will be prohibited from asking for an applicant’s age, date of birth, and educational institution attendance or graduation date unless:
- An initial interview was already completed; or
- If there was no initial interview, a conditional employment offer was already extended.
These restrictions do not apply when such information is required to affirm the applicant meets bona fide occupational qualifications (BFOQ) or to comply with any federal, state, or local rule or regulation. For example, certain positions may require age-based restrictions due to safety or other requirements. Employers may want to evaluate whether such information truly falls under either exception before making such inquiries.1
Employers may also want to review their employment applications, artificial intelligence applicant screening tools, and interview procedures to ensure compliance with the new law. For example, online application forms requesting date of graduation may need to be modified. As another example, employers may want to train interviewers to avoid asking candidates what year they graduated, as such questions during an initial interview could soon be considered unlawful. Employers may also want to evaluate the timing of background check requests that require an applicant’s date of birth, which may need to be requested after an initial interview or conditional employment offer if one of the above exceptions does not apply.
While this new law may seem daunting, the enacted version of Oregon HB 3187 was watered down from its introduced version, which originally sought to create new grounds for litigation by making salary, experience, and retirement status “proxies” for age discrimination claims.
Removal of Age Limits for Apprenticeships
Oregon HB 3187 also repeals a provision that allowed apprenticeship programs to exclude elderly applicants. Apprenticeship programs will no longer be allowed to reject an apprentice because they would be unable to complete required apprenticeship training before the age of 70.
Footnotes
1 While HB 3187 does not define BFOQ, the Oregon Bureau of Labor and Industries’ administrative rules provide some guidance. See OAR 839-005-0013 (explaining an employer’s burden of proof to establish a BFOQ). The Bureau of Labor and Industries may also engage in rulemaking to further clarify what constitutes a BFOQ in light of the expanded law.
