Jim Smith responded to an ad in the local paper stating, HELP WANTED-young man needed in lumber yard to load lumber and assist customers in their purchases. Much heavy lifting involved. Mr. Jones, the owner of the lumberyard, interviewed Mr. Smith. Smith had experience in the lumber business and Jones was impressed with his knowledge; however, was reluctant to hire him because of his age and physical condition. Mr. Jones placed the following comment on Smith’s application: “Is qualified, but appears to be out of the physical shape.” During the interview Mr. Jones explained he was looking for young men to fill the position and Smith’s age (forty-five) was a cause for concern. Jones also stated that if he got a haircut and improved his physical appearance, there might be a position at the customer service counter. According to Jones, the position paid slightly less but would be more reasonable for a man of Smith’s condition and age. Several days later, Mr. Jones received a notice from the local equal employment opportunity commission stating Mr. Smith had filed age-discrimination charges against him. The question is; what is discrimination and is Mr. Jones discriminating?

To decide if this is discrimination we must first know the definition. Webster’s defines discrimination as the act, practice, or an instance of discriminating categorically rather than individually and, prejudiced or prejudicial outlook, action, or treatment. Clearly according to Webster’s one might say Mr. Jones is discriminating against Mr. Smith because of his age; however, he did offer Smith a different job. In the legal world, and in this case, these things are not always black and white nor does Webster’s definition always fit. The Age Discrimination in Employment Act of 1967 states, “It shall be unlawful for an employer- to fail or refuse to hire or to discharge any individual