Legal Question in Employment Law in California

Discrimiation Charges

A female manager age 54 position was eliminated. The selection was made based on undocumented ''performance'' issues. This famale manager has 15 years professional experience. The male chosen to remain performing the same jobs as the female manager displaced is 34 yrs old, and have less than 2 years experience. The female manager applied for an equal/same positin at another location, within the same company, this request was denied, based on undocument performance issues, again. Last performance review states that the female manager received a ''competent'' review.

Does the female manager have a case for ''discrimination'', under ADEA?

Your comments would be greatly appreciated.


Asked on 1/27/04, 6:36 pm

3 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: Discrimiation Charges

Please file a complaint with DFEHA immediately and then contact some attorneys.

Please take a look at my site at www.lawyers.com/amyghosh

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Answered on 2/23/04, 6:37 pm
Terry A. Nelson Nelson & Lawless

Re: Discrimiation Charges

You can make a claim of age and/or sex discrimination. You will need to overcome and show that the performance issue is not accurate. If you can, contact me to discuss your options.

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Answered on 2/06/04, 1:12 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Discrimiation Charges

Possibly. Need to gather much more info during investigation and discovery. If legitimate business reason for firing, they will be successful to defend matter. If let her go for financial reasons and can pay someone less to do same job, not a violation of law. You will have to prove there was discrimination.

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Answered on 2/06/04, 1:56 pm


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