Is it age discrimination if out of 5 people in a contract, 1 person receives an increase and she is under the age 40 and the other 4 are over 40?

During a contract renewal, one person out of the 5 received a large increase in addition to the 3% evaluated annual increase. The reason was she was horribly underpaid, out of the 5 she was the 2nd highest paid and the 2 lowest paid made $10,000 less. This was a confidential position in a school istrict

Asked on June 29, 2012 under Employment Labor Law, Pennsylvania


Andrew Goldberg

Answered 8 years ago | Contributor

Probably not. I am not certain that 40 years old is "old enough" to consider  or equate to age discrimination. Also, you likely nedd to study and analyze the School District'sstory of  hiring and salary increases. Five positions is a very, very small classification or group ti consider. You need to look at6 a longer history. Age discrimination is most difficult to prove. This is  especially true when your  seeking to argue the the discrimination is against individuals older than 40 as compared to 65, 60. 55 . . . .

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