Is this ageism?
I am 56 years old and am eligible to retire in several months when I reach 30 years of service - I've never stated I'm retiring. My boss just retired - when I asked Senior Management why I wasn't considered to cover or backfill his vacant position I was told verbally since he indicated I would probably retire, they did not consider me - is that ageism? (Did my employer make decisions regarding my career based on my age and proximity to retirement?)
1 answer | asked Apr 23, 2021 08:00 AM [EST] | applies to New York
Answers (1)
I think the question you asked is whether it was "but-for" ageism? See below:
https://www.jacksonlewis.com/resources-publication/supreme-court-rules-adea-plaintiffs-are-not-entitled-mixed-motive-instruction
The challenge with federal law age discrimination claims will be proving that were you younger you would have been promoted. Not simply that age played some role in the selection process but that it was the "but-for" cause of you not being promoted. A challenge for sure.
You might want to explore claims under New York's Executive Law which might be stronger by calling some employment lawyers about your particular facts. Employment law claims are all about the details.
posted by V Jonas Urba | Apr 23, 2021 08:25 AM [EST]
https://www.jacksonlewis.com/resources-publication/supreme-court-rules-adea-plaintiffs-are-not-entitled-mixed-motive-instruction
The challenge with federal law age discrimination claims will be proving that were you younger you would have been promoted. Not simply that age played some role in the selection process but that it was the "but-for" cause of you not being promoted. A challenge for sure.
You might want to explore claims under New York's Executive Law which might be stronger by calling some employment lawyers about your particular facts. Employment law claims are all about the details.
posted by V Jonas Urba | Apr 23, 2021 08:25 AM [EST]
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