Legal Question in Civil Rights Law in North Carolina

I am a white, female, 51 year old graduate student in counseling at a public university, actually, a historically black college. A professor gave an assignment to do a "lifespan portfolio" which requires that each student outline and discuss their lives, in terms of various psychological and developmental theories and concepts, ending with their current developmental stage. Since I am in middle adulthood, and most, if not all the other students in my class are in early adulthood, I am the only one being required to do the extra section, with additional required concepts, in order to complete the assignment. I have communicated to the professor that I do not feel it is fair that I be required to do more work for the same assignment, simply because I am older. In light of the age discrimination law, what do you think? I do not want to sue the school, but think that if there was an assignment that required African American students to do a longer assignment than white students, she would surely see that as a problem!


Asked on 11/18/13, 6:02 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

You should speak to an attorney, but unfortunately you have not stated grounds for discrimination. First, you don't have race discrimination as you are have not been treated differently because of your race. Second, to prove age discrimination you will need a lot more. Assuming you will have to do more work is not in of itself discrimination.

First, you have to definitively show that every other student in the class is younger than you by a significant amount. Then you have to definitively show that all of their reports are going to take much less work than yours. You assume that being older equals more work, when in fact some people may have had harder or more serious psychological turbulence at a younger age and thus require more work at younger stages. There is not nearly enough information here to definitively say either way.

Second, there is a much less relaxed coverage of discrimination laws in the post secondary education system. Primarily because you are not compelled to go to a certain school, take certain classes, or even go to college in the first place. And when one sues, they need to show damages. It is difficult to calculate damages based on having to do more work.

First, you should speak to your department dean and then administration. From there speak to an attorney, but a lawsuit is extremely unlikely. In fact it would be more efficient and cheaper to transfer to a school that will treat you better than to sue over one assignment in one class.

Read more
Answered on 11/19/13, 2:28 am


Related Questions & Answers

More Civil Rights Law questions and answers in North Carolina