Can you indicate a preference for older workers?

Under federal law, the answer is yes. The Age Discrimination in Employment Act protects individuals 40 years of age and older so there can be no reverse discrimination when older workers are preferred over those who are not yet 40 and, therefore, not protected under the law. Nor does the ADEA prevent employers from favoring older workers over younger workers, even when the younger workers are 40 years of age or older.

In 2004, the U.S. Supreme Court ruled in General Dynamics Land Systems, Inc. v. Cline that the ADEA only prohibits discrimination based on relatively older age and that employers do not violate the ADEA by favoring older workers over younger workers. The EEOC acknowledges this with a regulation that states: Employers may post help wanted notices or advertisements expressing a preference for older individuals with terms such as over 60,retirees, or supplement your pension.

Note, however, that while the ADEA does not prohibit employers from advertising for older workers, such advertisements may be prohibited by state or local law.