What is age discrimination?
I believe my employer is discriminating against me because I am older than their average employee? What can I do?
This was my answer:Being treated differently than someone else is not necessarily illegal discrimination. An employer must have a legitimate, supportable reason for the action. For example, most banks treat employee applicants with criminal histories differently than they treat applicants with no criminal history. Banks have a legitimate reason for denying employment to convicted criminals. This is technically discrimination against criminals; however it is not illegal discrimination.
On the other hand, an example of illegal discrimination is denying a promotion to an employee because she is Asian. There is probably no legitimate link between the woman’s ethnic heritage and her ability to perform the job duties adequately.
I listed those two examples, to illustrate the wide spectrum of “discrimination”. If you believe you are a victim of age discrimination, you have several options. The first step is documentation. The key to proving discrimination is demonstrating a pattern.
Begin a diary. Each day list the events/comments/actions that you believe constitute discrimination. Be as specific as possible. Indicate how the action made you feel.
Read the company’s discrimination and grievance policy. Keep a copy of the policy in your files. Follow the grievance policy to the letter. In your diary, detail your company’s, if any, response to your grievance request.
The next step involves your state and federal Employment Equal Opportunity Commission. Go to the office, file the complaint and attach copies of your diary, policy, letters, and anything else relevant to your case. The EEOC will investigate your complaint. Once, the EEOC finishes its investigation and sends you a “right to sue” letter, and then you can contact your attorney.
As to whether you can win your age discrimination lawsuit, the answer depends on your situation.
Though I am a lawyer, I do not think the court is the best place to effect social change. A court is bound by its previous decisions. So, change in the courtroom is very slow and incremental. If you are really concerned about age discrimination, I believe political advocacy is your best option. You have to first convince (or remind) society that age discrimination is wrong. Your job will be to educate your community and colleagues. You will need to rally up support for your cause. Join organizations with missions similar to yours. Lobby; write letters to the editors; call your representatives; organize and march; vote. Follow the examples of our successful social movements, such as the Civil Rights Movement, the Women’s Rights Movement, and the Disability Movement.
I sincerely wish you luck.
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Sharmil McKee, Business Attorney
McKee Law Office
Philadelphia, Pennsylvania
www.mckeeoffice.com
