Legal Question in Employment Law in Florida

Discrimination

I work for a large inter-natl co for the past 13 yrs. I was hired as a chemist but that yr I got my Master's in Enviro. & Occup. Health. I have been trying to get a job in that discipline for all the 13 yrs. Finally, 6 mo. ago my boss told me to ''shadow'' an Enviro. Super. so that I could walk into the job with recent experience. I did that.....for 6 months, evenings, weekends, plus I did my regular job.

Now there is an opening for exactly what I have been trained for. My Super. wants me for the position. I passed HR's interview, met the 7 yrs exp. plus education, met the deadline for applying. However, the Plant Manager wants someone else who didn't apply. They are reopening the position so he can apply. I am 61 yrs old and feel it is age discrimination. My competition does not have a Master's in EOH but he is a lot younger. Again, the Enviro Super. wants me but is being forced to interview again. What's my options?


Asked on 5/09/07, 6:10 pm

2 Answers from Attorneys

Bonita Riggens Law Office of Bonita M. Riggens

Re: Discrimination

If you really believe this is age discrimination, which on these limited facts it appears to be, make sure you document everything in writing - such as your request for the position, etc. Because your employer is a large international company, you should also consider contacting HR at the corporate headquarters. Look at your company manual to see the procedure of how to report discrimination and then make sure you report it following the instructions in the manual.

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Answered on 5/15/07, 10:44 am

Re: Discrimination

Age discrimination is a tough case to make. But you can either hire an attorney to contact the employer and try to convince them that they should avoid litigation and hire you; or you could file an age discrimination claim (for free) with the EEOC or Florida Human Rights office; or contact someone high up the chain at work and try to make your case(if so, be factual, diplomatic and non-accusatory); or any combination of the above.

However, whatever you do likely will put the employer on the defensive and they could retaliate, although that is illegal, in any number of ways. It could be as subtle as not assigning you interesting work to fabricating performance issues and trying to find reasons to fire you.

So, you should think long and hard about your next move. Is the fight worth jeopardizing your job? Can you make do if worse comes to worse and you lose your income? It may not be fair, but those are the things you must consider.

Also, be honest with yourself. Are there any good reasons they should not hire you? Lack of experience? Troubles in your work history? Rest assured, the employer will cite those things as reasons for their decision if you bring a claim.

If you want to hire an attorney to help, feel free to email directly to me.

Once they make the decision, there are deadlines for filing EEO claims (discrimination) so do not delay more than a few months at worst (assuming you are with a private company).

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 5/09/07, 10:37 pm


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