Is it age/sex discrimination if a younger male is given preferential treatment?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it age/sex discrimination if a younger male is given preferential treatment?

I had 3 bad mystery shops in 4 years. Another associate had 3 in much less time. I was written up and during my write-up I was told the other associate was being written up also. He was not. Another mystery shop came out and he failed again. He was not written up. I am a 54 year old woman. He is a 20 something man. Also, my write up is on the PC, not password protected. It is 2 clicks away from anyone viewing it. He allows associates to use the PC. I am a member of the management team.

Asked on August 9, 2011 Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Companies may not discriminate on the basis of sex or gender (i.e. in favor of man, not a woman) or against a person over the age of 40 in favor of someone  younger. While it is permissible to take negative employment action against an older woman, it has to be for reasons unconnected with age or gender. If you believe that the actions taken against you were due to your age--or your sex--you may have a legal cause of action, though if you have not suffered some actual consequence (lower pay; suspended; fired; denied promotion; etc.) due to it, there is really nothing to sue for at the time. If you have suffered any loss, or believe you will shortly (e.g. that you may be fired), you should consult with an employment attorney about the situation. Good luck.


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