What constitutes a labor law issue or age discrimination case regarding employment?

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What constitutes a labor law issue or age discrimination case regarding employment?

I’m an on-call part timesubstance abuse specialist job title at a detox facility. Recently, a full-time position opened up and I expressed interest in it. I was told that I don’t have the required qualifications they require a CAC II or bachelor’s degree for regular positions as I have a CAC I but no degree. I believe this was changed after I was hired. So, I was told that I’m not even

allowed to submit for the positions same job title even though I’ve been doing the job for over a year. I’m 57 and not going to accrue student loans at this point. So, I’m stuck as part time with no benefits and no opportunity for full-time. Can they do this and is it a labor or discrimination issue?

Asked on February 27, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not discrimination:
1) The criteria--a certain degree or qualification--is "neutral": it is not age-related, so requiring this is not discriminatory. Young or old, you'd have to have the credential.
2) The requirements are reasonable: no court with which I am familiar would find these requirments to be a pretext to not hire you for this position.
3) It doesn't matter if it was changed after you were hired: employers can change the requirements for a job at any time. They are not locked into maintaining the same requirements in place when staff who occupy different positions had been hired.


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