年龄限制在公务员招考和企业招聘过程中普遍存在。但两起因雇用年龄限制而起诉用人单位的案件的诉讼请求都没有得到法院的支持,法院会考虑此类案件的判决对未来雇主和雇员的影响。年龄作为职业门槛并不存在违宪的问题,也没有侵犯雇员的权利。片面追求雇用年龄的形式平等,可能造成实质上的更大不平等。由于竞争压力的存在,雇主不具有年龄歧视的恶意,限制年龄是为了节省发现雇员工作能力的信息费用和提高人力资本投资收益的需要。反年龄歧视法无法遏制雇主以年龄分辨雇员能力的做法,反而会导致大龄工人处于更加不利的地位。 Age restrictions are common in civil service recruitment and corporate recruitment processes. However, none of the claims for two cases of prosecution of an employer for the employment of age restrictions have been supported by the courts and the court will consider the impact of the judgments in such cases on prospective employers and employees. There is no unconstitutional issue of age as a career threshold and no infringement of employees’ rights. The one-sided pursuit of equal forms of employment age may lead to substantially greater inequality. Owing to the competitive pressure, employers do not have the age-old malice and restrict the age in order to save the information cost of discovering employee’s ability to work and the need to increase the return on human capital investment. The Anti-Age Discrimination Act can not deter employers from discriminating their employees by age. Rather, it will lead to an even more unfavorable position for older workers.