Legal Question in Discrimination Law in California

medical problem

I'm 58 years old female still working and going strong. I had a little disagreement with a fellow employee who is 30 years younger than me. She complained about me to my immediate manager who is of opposite sex. He talked to me privately and asked me if I had some kind of medical problems like loosing my memory. I thought he crossed the line asking me this question. This is what gets me. If he had an issue with this young woman and she forgot something...well she just had a ''blonde moment'', but for me it's because I'm loosing my memory. I'm just curious if this is considered some kind of harassement or descrimination.


Asked on 1/06/08, 2:14 am

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: medical problem

I am 11 years older than you and going strong, also.

At this point, there is nothing that crosses the line that the law would be involved. It isn't sexual harassment, and it isn't age discrimination.

If it were to continue, you would be getting into the area of discrimination.

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Answered on 1/06/08, 8:45 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: medical problem

I agree with Mr. Bennett. An isolated comment of this nature is not what the law had in mind in addressing. If, however, a pattern develops where you are consistently treated adversely, by comments and actions, to such an extent that it has a tangible effect on your job, due to your age or perceived disability, you may have a basis for a claim. But these are often difficult cases to prove, so it would be advisable to have an employment law attorney review all of the facts for a better legal assessment.

Meanwhile, the next time such a comment is made, the proper approach would be to politely ask that he refrain from making such assumptions about you. If it continues, take it up with Human Resources for advice on how such matters should be handled internally. Keep notes of any such events for accuracy of what was said, who was there, and when it happened.

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Answered on 1/06/08, 1:12 pm
Allen Farshi Law Offices of Allen Farshi

Re: medical problem

Unfortunately It does not appear to amount to either.

Good luck

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Answered on 1/07/08, 12:45 am


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