In today’s competitive job market, it’s not uncommon to come across listings that seek “digital natives” or “recent graduates.” While those phrases might sound harmless—or even forward-thinking—they can be red flags for age discrimination. For experienced professionals, such language may unlawfully exclude older applicants and violate California employment laws.
If you’ve faced rejection or felt discouraged from applying due to your age, here’s how to recognize discriminatory practices and take action to protect your rights.
What Does “Digital Native” Really Mean?
“Digital native” is often used as a euphemism for younger workers, referring to individuals who grew up using technology. On the surface, it may suggest comfort with digital tools—but in legal terms, it can signal an age preference.
Why This Language Can Be Problematic
- Age-coded terminology: The phrase implies a preference for younger applicants, potentially excluding those over 40.
- Unlawful criteria: Job descriptions that indirectly screen based on age—even without mentioning it explicitly—may violate both California’s Fair Employment and Housing Act (FEHA) and the federal Age Discrimination in Employment Act (ADEA).
Recognizing Discriminatory Job Listings
California law prohibits employers from using recruiting methods that disproportionately impact workers age 40 and older. Watch for these subtle cues:
Red Flags in Job Ads
- Requests for “recent graduates” or “digital natives”
- Emphasis on “high energy” or “cultural fit with a youthful team”
- Limits on years of experience or caps like “no more than 10 years in the field”
- Platforms or targeting methods that only reach younger audiences (e.g., social media ads excluding older users)
What Age Discrimination Looks Like in Hiring
Discrimination doesn’t always happen in the form of blatant rejection. Here are some real-world ways it might occur:
- Never getting a callback after submitting a resume that shows decades of experience
- Being passed over in favor of a significantly younger, less qualified candidate
- Facing biased interview questions like “Do you think you’ll fit into a fast-paced, millennial-driven team?”
- Receiving feedback that you’re “too experienced” or “overqualified”
These are all potential signs that your age—rather than your skills—played a role in the decision-making process.
Legal Protections for Older Job Seekers
Both state and federal laws protect applicants over the age of 40 from discriminatory hiring practices.
Your Rights Under California Law
- FEHA makes it illegal for employers to discriminate based on age during job advertising, interviewing, or hiring.
- Employers cannot include age-biased criteria in job descriptions, ads, or internal hiring policies.
- You have the right to file a claim or lawsuit if you’ve been unfairly denied employment due to your age.
What You Can Do if You Suspect Discrimination
You don’t have to accept biased hiring practices. Here are steps you can take if you believe you were excluded due to your age:
- Save a copy of the job listing showing the age-coded language.
- Document your application and any communications you received.
- Compare your qualifications to those of the person ultimately hired, if known.
- Consult an employment law attorney to evaluate whether you have a valid claim.
Speak With an Attorney Who Understands Age Discrimination
If a job ad subtly excluded you based on your age, or if you were unfairly denied a role despite strong qualifications, you may have grounds for a discrimination claim. At PLBH, we advocate for workers who’ve been treated unfairly in the hiring process. We understand the coded language, employer tactics, and legal standards involved in these cases.
Call (800) 435-7542 today for a confidential consultation and find out how we can help you fight back against age bias and reclaim your career path.