“I face 20 to 30 years of poverty due to old age”: The city of Bern rejected applicant Irene J. because she was too old

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According to the ad, the position of “finance and purchasing officer” in the Bern city administration requires business training, experience in finance and customer friendliness. Irene J.*, who was 62 at the time, met the criteria and submitted her application.

It was rejected less than 24 hours later. Reason: age! “Employees of the city of Bern receive regular pensions when they reach the age of 63, so we cannot pursue your application any further,” the letter seen by Blick said.

“People have never spat so directly in my face that I’m too old,” says Irene J. She was about to turn 63 at the time of application. It’s not worth it for the Municipality of Bern to hire them and immediately send them into retirement. Irene J. wants to work beyond normal retirement age. “Otherwise I will face poverty for 20 to 30 years in my old age,” she fears.

This is how the city justifies its actions

The city of Bern’s decision to retire its employees at the age of 63 always attracts criticism. The reasoning behind this: The city can’t keep up with the federal government on wages. City officials receive bonuses when they retire earlier so the city can remain competitive in the job market.

In response to Blick’s question, the city of Bern said that “there is no age limit when evaluating applicants.” But: “The closer applicants get to the normal urban retirement age of 63, the more likely it is that the effort required to train will be disproportionate to the amount of time they will continue to work.” Anyone currently employed by the administration can continue to work until age 65. However, those who want to join the city like Irene J. are in luck.

We have no chance in court

Isn’t this discriminatory? The Federal Constitution provides for a prohibition of discrimination that may also apply to age. As a public employer, the city of Bern is obliged to do this. Still, law professor Kurt Pärli (61) from the University of Basel predicts that Irene J. will fare badly in court. “The Federal Court is cautious in its interpretation of nondiscrimination.”

Things look even worse in similar cases in the private sector. “Fundamentally, freedom of contract applies,” says Pärli. “Every employer is basically free to hire whoever they want.” A private company can tell applicants to their faces that they are too old without fear of consequences.

At least not on a legal level. But it’s a lot in terms of personnel: The job posting for “Finance and Purchasing Officer” in the Bern city administration is still up a month after it was published. Given the competition in the job market, it is questionable how long the city of Bern can afford to turn away older candidates from the start.

*Name changed

Source :Blick