Is an ad calling for a "senior executive" lawful under the Age Discrimination in Employment Act?

The choice stating that the advertisement is lawful because it describes the position rather than the person is accurate in the context of the Age Discrimination in Employment Act (ADEA). The ADEA aims to protect individuals aged 40 and older from discrimination based on age in various aspects of employment, including hiring practices.

When an ad mentions "senior executive," it is generally understood as a reference to the level of responsibility and the nature of the position rather than a specific age requirement for the candidate. In this context, "senior" describes the level of experience or the ability to fulfill the duties associated with the executive role, not an explicit preference for older candidates.

It is crucial for employers to ensure that job descriptions focus on the skills, qualifications, and experiences necessary for the role without implying a preference for a particular age group. By framing the term "senior" in relation to the position rather than age, the advertisement does not violate the ADEA, allowing for lawful employment practices. Therefore, this explanation underlines the legality of such terminology used in job advertisements.