Being 'Overqualified' for a Job Might Hide Age Discrimination

A woman named Rachel Nkhwatshirema applied for a job as a horticultural assistant at Transnet Freight Rail in 2013. She had a bachelor's degree, but the job did not need one. She did not get the job because another candidate was seen as stronger. She believed she was rejected because she was overqualified, and she took the company to court for unfair discrimination.

What the Court Decided

The Johannesburg Labour Court said that being overqualified is not a reason that is protected by South Africa's employment laws. Employers can decide not to hire someone if they think that person has too many qualifications and might leave the job for a better one. The court said this is a sensible business decision, not discrimination.

The Hidden Issue of Age

During the court case, the woman also said her age might have been the real reason she was not hired. But she did not include age discrimination in her original complaint, so the court could not consider it. The court noted that older workers often have more qualifications because they have worked longer. So when an employer says someone is overqualified, they might actually mean the person is too old.

What This Means for Job Seekers

If you think you have been discriminated against because of your age, you must say so clearly when you first make your complaint. The law protects against age discrimination, but you have to prove that the real reason was your age, not just that you were overqualified. Employers should also be careful: using 'overqualified' as a reason might hide unfair age bias.

This article was originally published on Daily Maverick.