Current gender and sex discrimination lawsuits filed against various Silicon Valley companies and the reported lack of gender diversity in the technology industry have recently garnered a great deal of attention. In addition, a series of age discrimination suits over the years and increased attention in the media on the industry’s recruitment practices reveal that the technology industry is also vulnerable to complaints of age discrimination.

The technology industry is often described as youth-oriented and is noted for having extreme age imbalances among employees. According to a 2013 survey conducted by Payscale.com, an online salary, benefits, and compensation information company, the median ages of employees at the technology industries’ top companies fall within the range of late 20s to late 30s. Given the reported lack of age diversity, this environment makes the industry vulnerable to lawsuits from individuals who are 40 or older and protected by the Age Discrimination in Employment Act of 1967 (“ADEA”) and/or state and local anti-discrimination laws. Indeed, over the years, there have been several age discrimination cases brought by individuals in their 50s and 60s against the technology industry that have attracted media attention. The cases typically involve allegations of age discrimination in the workplace that the former employees alleged led to their terminations.

The technology industry has also faced criticism that its recruitment efforts imply a discriminatory preference for younger employees. Specifically, the industry has been noted for placing advertisements for positions that appear to suggest that people within a certain age range should apply for the position. The EEOC has taken notice of this practice and, at least in instances in which the job notices specify that the position is for “new graduates” or individuals of specific graduating classes, has viewed these job notices as illegal because they deter older applicants from applying. Generally, under the ADEA, job advertisements cannot specify age preferences unless there is a bona fide occupational qualification for the age restrictions. Employers should also take note that with the EEOC’s focus on addressing systemic discrimination, in which the EEOC is investigating alleged discriminatory patterns or practices or discriminatory policies that have a “ broad impact on an industry, profession, company or geographic area,” employers in the technology sector could be at risk for an EEOC enforcement initiative. In addition, the increased attention on the technology industry’s hiring and recruiting practices could lead to a rise in age-based failure-to-hire litigations. Indeed, this past spring, a job applicant in his 60s filed an age discrimination putative class action lawsuit alleging that a technology company failed to hire him because of his age.

Given the increased focus on diversity issues facing the technology sector, technology industry employers can take the following steps to help minimize the risk of incurring an age-biased claim:

• Carefully review all advertisements or notices for job positions to ensure that they do not, either explicitly or implicitly, suggest that only individuals of a certain age range should apply. Avoid using phrases such as “new or recent graduates” or stating in the qualifications that individuals who graduated from specific class years (such as 2007 to the present) should apply. Instead, terms such as “entry-level position” and “no experience required” would be acceptable.

• Remove all questions or inquiries from employment applications that seek to elicit information about an applicant’s age unless the applicant’s age is a bona fide occupational qualification that is reasonably necessary to the normal operation of the business.

• Avoid asking questions or requesting information during the interview process that could establish an individual’s age, such as date of birth, year of high school graduation, etc. Even if this information does not play a deciding role in whether to hire an applicant, the hiring process could be deemed tainted. The better practice is to wait until after the individual has been hired and the person’s age or date of birth is needed for payroll and/or insurance purposes to collect such information.

• Make sure that company policies and procedures are up to date and address all forms of discrimination.

• Establish and promote a corporate culture that does not tolerate discrimination in any form.