Legal Question in Discrimination Law in California
Age discrimination in promotion of police officer
I recently applied for a promotional position with my police department. I have been employed with the department for nearly 30 years and could retire in a year and a half. During the written portion of the exam I obtained the highest score of all the candidates. During the oral portion of the exam I was required to proved my age and retirement timeline. This age question was not asked of all the applicants and even though I provided my age, I refused to provide a retirement date. Additionally, after the oral I discovered that during the the oral, the examiners has asked different questions to different candidates with some receiving very easy questions. Needless to say I was failed on the oral and the youngest officer taking the test ws promoted. I contacted H.R. and they refused to investigate. Do I have a law suit?
2 Answers from Attorneys
Re: Age discrimination in promotion of police officer
The employer is not allowed to ask age-related questions in the interview. If you can show that you were more qualified than the younger employee, you may well have a good claim. Other questions we would look at are how strong is your proof that you were asked for that information; what is your loss as a result of not receiving the promotion; the forum where a lawsuit would be filed. . .
Re: Age discrimination in promotion of police officer
If you can prove age questions were asked, that violates the law. Should be easy to prove unless the examining board members lie. There is paperwork they prepared for the interviews, should have the questions. Contact me if interested in discussing the facts, damages, risks and rewards of suit.
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