If I was replaced by a younger worker, do I have a claim for age discrimination?
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If I was replaced by a younger worker, do I have a claim for age discrimination?
I have had a year round full-time job with a company for the last 8 years. I was just informed that position was being downgraded to a seasonal manager and that someone else would be given my year round status. They told me I would still have my job but it would only be for 7 months of the year. A much younger person was put in my year round position. The reason I was given was that my salary was too much and they needed to put someone in that position that made less money. Do I have an age discrimination case? Or something else? Or nothing?
Asked on September 9, 2015 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Are you at least 40? If you are, then you may have an age discrimination case employers may not discriminate against those 40 or older in favor of younger employees, not even to reduce wage/salary costs. If you are 40 or older, it would be worth your while to contact the federal Equal Employment Opportunity Commission EEOC or your state equal/civil rights agency to file a complaint.
However, if you are less than 40 you are not protected, and an employer may legally discriminate against, say, a 38 year old in favor of a 23 year old.
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