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Age Discrimination


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#1 Nermal1

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Posted 08 January 2013 - 10:48 AM

My boyfriend works a major company in Ohio. He has been employed there for almost 2 years through a temporary agency. Recently he applied for a permanent position with the company. 3 other younger people, who have been there a much shorter time than him, were hired. He has never missed a day of work, left early or arrived late and has recieved many wonderful reviews by his direct managers/suoervisors. He has never failed a drug test. At this point the only thing we can think is his age(55). Is there anywhere he can go to have this investigated or file a complaint

#2 Guest_FindLaw_Amir_*

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Posted 08 January 2013 - 10:59 AM

Federal and state laws prevent an employer from discriminating against job applicants and employees on the basis of age. The best known example of these laws, the federal Age Discrimination in Employment Act (ADEA), prohibits employers from discriminating against employers and applicants who are 40 years of age and older based on their age. To learn more about this subject matter, you may wish to visit the Employment Law Center and read Age Discrimination as a good resource. For further clarification, your boyfriend may wish to consult with a local Ohio Employment Lawyer.

#3 Tax_Counsel

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Posted 08 January 2013 - 11:06 AM

Both federal and Ohio law prohibit discrimination in employment based on age if the employee/applicant is age 40 or older. Your boyfriend may file complaints about suspected age discrimination with the federal Equal Employment Opportunity Commission (EEOC) and the Ohio Civil Rights Commission. The links I provided will take you to the respective agencies’ page on how to file a complaint.

What does your boyfriend know about the qualifications of the persons who were hired? Might they have more relevant education or experience for the particular position than your boyfriend has? Were they regular permanent employees of the company prior to their selection for this position (i.e. were they internal promotions)? How much younger are the persons who were hired? Your boyfriend will have the burden of proving the discrimination should he wish to sue for illegal age discrimination. This can be very hard to do, especially if the employer can point to anything remotely reasonable for why it made the selections it did, so long as those reasons didn’t involve illegal discrimination.

#4 Nermal1

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Posted 08 January 2013 - 11:24 AM

They were all with the temporary agency and between the ages of 30 and 42(all female). 1 had only been there 2 months and does not have job qualifications or education. In fact he will probably be training all of them.

#5 Fallen

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Posted 09 January 2013 - 09:54 AM

I'm not sure why age is the only thing he can think of; I can think of many reasons, including these folks becoming friendly with someone or ... simply costing less. Can't know from here, but of course he's free to as his employer (the agency) or the client would-be employer what things they'd want to see before hiring him (just being polite out of the gate is best). If the answer doesn't pass smell test, he's free to file a complaint with EEOC and state equivalent.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)





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