Legal Question in Discrimination Law in Massachusetts

Age discrimination?

I worked for Circuit City and have recently lost my job due to their closure. I am looking for employment opportunities in hopefully a retail environment, as that is where I excel at. Now, I recently went to Sears for an interview, and I finally got the job. They told me ''Congratulations, you will now work for Sears'', they told me what to wear, when I'll be starting, my department, and pay. I was then taken to a computer to fill out my tax forms. When the lady returned, she asked my age. I told her I was 17, and she told me i could no longer work there because I'm not 18. Now, a BFOQ is a legal exception to an otherwise discriminatory hiring practice that is ''reasonably necessary to the normal operation of a particular business.'' I doubt this is the case, as a Circuit City salesman performs the exacty same procedure as a Sears salesman. I am 17, but I do have a child I need to clothe and bathe. This is awfull hard to perform while unemployed. So basically, isn't that age discrimination? I also went for an interview at Best Buy, and they said Sears CANNOT do that. I can perform job duties as proven in my employment in Circuit City, thus proving the need for 18 year old employees is absolutely unneccesary. Thank you for your time.


Asked on 4/16/09, 1:09 pm

2 Answers from Attorneys

J. Whitfield Larrabee J. Whitfield Larrabee

Re: Age discrimination?

Generally, only employees over forty years old are protected by laws prohibiting age discrimination in employment.

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Answered on 4/16/09, 2:38 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Age discrimination?

The age discrimination protections are only applicable to employees who are over 40 yo.;)

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Answered on 4/23/09, 12:56 am


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