What are my rights regarding possible job discrimination?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights regarding possible job discrimination?

A job I applied for was given to someone who didn’t meet the minimum qualifications. One of the minimum qualifications was 5 years firefighting experience, the candidate that got the job only has 4 years and 3 months with the department. This was an internal job through a career department. I am over 40 and wonder if that is a reason I did not get it, even though I met and exceeded the minimum qualifications.

Asked on August 3, 2015 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

People over the age of 40 are protected from job discrmination: you cannot deny a job to somone over 40 simply due to their age (though of couse you could if they did not meet some other qualification, or there was a more-qualified candidate to hire). Based on what you write, if you met the qualifications and the person who was hired did not, this may be age discrimination; if it was, you may be entitled to the job or to monetary compensation. You should contact your state's equal/civil rights agency or the federal Equal Employment Opportunity Commission (EEOC) and file a complaint; the agency will, if they deem it credible, look into it for you and may help you get compensation; you could also, if you wanted, hire an employment law attorney and bring your own lawsuit, but the advantage of trying the agency route is that they do not charge for their services.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption