Very recently the Second Circuit stated that “Age Discrimination is illegal, regardless of whether it is targeted at certain jobs.” Age Discrimination involves treating someone less favorably because of his or her age. The Age Discrimination in Employment Act forbids age discrimination against people who are age 40 or older.
The Second Circuit in O’Reilly v. Marina Dodge, Inc., concluded that a 59 year old auto service department employee was fired in favor of a 36 year person. The Second Circuit was not impressed with the argument that there were older employees working in other departments. The Court said:
Although people above age 59 worked at Marina Dodge after O’Reilly was fired, none worked in the Service Department. A reasonable jury could find that Marina Dodge did not (and does not) believe that older people are unsuited for all work at Marina Dodge – but that Marina Dodge believed that such people are unsuited for high-pressure sales work in the Service Department, including convincing customers to pay for more (and more expensive) maintenance or repairs. Age discrimination is illegal, regardless of whether it is targeted at certain jobs.
Here are just a few examples of potentially unlawful age discrimination:
* You didn’t get hired because the employer wanted a younger-looking person to do the job.
* You were fired because your boss wanted a younger sales force who are paid less.
* Before you were fired, your supervisor made age-related remarks about you, such as “when are you going to retire” or “dead wood.”
If any of these things have happened to you on the job, you may have suffered age discrimination.