Legal Question in Employment Law in California

Age Discrimination on Promotions

Over the last several years, the local public agency that I work for has been promoting the youngest professionals with little experience to supervisory and management positions over the 40+ year old professionals with far greater experience and years with the agency. To give the appearance with fairness, all eligible professionals are interviewed and scored. However, time after time, the youngest professionals score the highest. Management tells those that were unsuccessful that the person just interviewed better (since they can't say that he or she has more experience). It is beyond obvious. What recourse do the 40+ employees have under this carefully crafted facade? It would make a great class action.


Asked on 11/24/08, 10:15 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Age Discrimination on Promotions

Your burden of proof as a plaintiff is high, and no, this isn't remotely a 'class action'. You admitted it was a 'carefully crafted facade', designed by their lawyers to withstand legal scrutiny. You'd have to somehow obtain direct evidence of their intent and motive of discrimination, this 'circumstantial' inference and speculation is not enough. If you actually have any witness or documentary evidence to show their 'illegal' motive, then we can talk, otherwise you're going to spend substantial attorney fees and costs, with little likelihood, and certainly no guarantee, of success. Also, if you lose, you get to pay their attorney fees and costs, so the decision to sue in not one to be taken lightly.

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Answered on 11/25/08, 4:45 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Age Discrimination on Promotions

In addition to Mr. Nelson's well-thought-out analysis, you have one year from the discrimination against you to file a claim of age discrimination with the CA Department of Fair Employment and Housing. Otherwise, your case would be even less appealing to an attorney to consider.

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Answered on 11/27/08, 3:12 am


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