Can a raise be denied based on age?

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Can a raise be denied based on age?

My 17 year old daughter has been employed at her job for a year. She asked for a raise. Her boss actually told her that he didnt give raises to minors. I definitely feel like this is a form of discrimination. It has nothing to do with her performance or reliability which are both good. Am I right?

Asked on March 2, 2019 under Employment Labor Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In the workplace there can be no legally actionable discrimination; there can be no lesser treatment of an employee based on their nationality, gender, race, religion, disability or age (over 40). Specifically, as to age, there can be no discrimination based on a peron's age if they are over 40 years old; this is to protect older workers. However, any employee under 40 is not so protected. In effect, a younger worker can be discriminated against. The fact is that not all employees need be treated the same or even fairly (again absent the legally actionable discrimnation as described above). Therefore, unless your daughter is covered by a union agreemnt or employment contract she has no claim here.


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