Is it considered age discrimination when a school district hires retired teachers for the classroom but does not give them their year’s of service? For instance, a teacher with 35 years experience is hired at 25 year level and left at that level even t

even though non retired teachers are allowed to move up a step with a salary
increase every year. Retired teachers stay on the same step indefinitely. This
appears to be age discrimination to me. No other position is penalized for years
of service.

Asked on November 15, 2018 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, it is not age discrimination because there is a non-age basis for the differential treatment: whether the person is retired or not. If a non-retired teacher who is older than 40 is denied increases that a younger teacher is given, that would be age discrimination; but since there is a non-age difference (having been retired) between those getting the increases and not, this not age discrimation.

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