Is it legal for my schedule to be based on my age?

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Is it legal for my schedule to be based on my age?

I work for an airline. My employer makes a schedule full of available shifts to be bid on based on seniority. I however, have an unusual circumstance. I was hired as part time along with a large group of people and since our initial hire date was the same, our seniority was based on our age, with the oldest going first. Well gradually full-time positions opened, and I was the first to be promoted to full time. later, other employees also were promoted after I was, but because their original seniority was higher, they jumped ahead of me again. This seems like some kind of age discri.mination

Asked on July 14, 2011 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The laws do not actually prevent all age discrimination. They only prevent discrimination against older workers in favor of younger--specifically, the law prevents discriminination against employees age 40 or older. (The law was set back when people did not live as long and generally retired in their 50s.) It is perfectly ok--legally, at least--to discriminate against younger employees, such as in favor of older ones. If you believe that you have suffered discrimination because you are age 40 or older, you should consult with an employment law attorney, who can help evaluate the strength and value of your claim, as well as advise you of any options you may have to protect your rights. Good luck.


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