Age discrimination involves treating someone (an applicant or employee) less favorably because of his age.
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states do have laws that protect younger workers from age discrimination.
It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
Full article after the break.
From the Tampa Tribune...
SEMINOLE -- A 65-year-old woman is suing Home Depot, maintaining she was fired because of her age.
Vija Larson began working as a saleswoman at The Home Depot at 10550 Park Blvd. in 1994 and was promoted to assistant store manager in September 2005, according to her lawsuit, which was filed in Pinellas Circuit court Tuesday.
In June 2010, she says in her lawsuit, she heard Manager Frank Essix, who was 40, tell a 70-year-old man the man was too old to be doing the type of work he was doing.
Then, in September 2010, her lawsuit maintains, she was asked by a manager, "When are you planning on retiring?" Essix, she said, referred to older employees as "old f****," and she objected to what she believed was offensive language, the lawsuit states.
In December 2010, she bought a grill from the store that was on clearance, and the store began investigating her purchase the following month, the lawsuit states.
On Jan. 11, Essix fired her, and she was replaced by a man in his 30s, she says in the lawsuit. The company told her she was fired because she bought the grill without allowing it to be on the floor for 24 hours beforehand, the lawsuit maintains.
Larson is suing the company for more than $15,000. She wants, among other things, back pay plus benefits, with interest.
Home Depot disputed Larson's allegation of age discrimination and said she was fired for violating policy.
"The Home Depot has a very strong track record for employing mature workers because we value their knowledge, work ethic and outstanding customer service skills; and we don't tolerate discrimination of any kind," the company said in a prepared statement.
"Ms. Larson was terminated for violating a well-established company policy," the statement says. "These allegations lack merit, and The Home Depot looks forward to responding to these allegations in the appropriate forum."
This blog is designed for general information only. The information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications