Legal Question in Employment Law in New York

Discrimination - Seniority Not an Option

My organization informed me my position would be eliminated due to a lack of funding for the next year. Multiple options for retention were presented. No options were entertained and a sole reason being finances only. I'm 53, been working in this particular industry for 14+ years. Next to the CEO, I'm the 2nd highest paid and senior person. After many other cost reducing options and alternatives were presented, a final offer of takeing a significant cut in pay to remain in the area and with the company were also not given any attention. There are 4 other individuals with various degrees of seniority from 2 to 10 years employment. 3 of the 6 individuals have roots and retirement aspirations for the immediate area and are career oriented. The most junior staff member has no aspirations to remain in the area and has on more than one occasion, indicated that a career in this industry is not for him. Given the various options offered to the employer, have I been discriminated against based on age, seniority, salary, or any other labor law? The industry I work in is a none profit one.


Asked on 12/12/06, 1:21 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Discrimination - Seniority Not an Option

You description is very similar to recent ADEA disparate impact decisions of the Supreme Court and Second Circuit. It sounds as though your company is performing a RIF, but you still have your position and haven't yet been adversely affected.

In order to have any case first you have to have

been discharged or adversely effected.

If that is the result of of a RIF, you need to examine the reason for the RIF to determine if it is a legitimate business motivation and not a pretext for another reason, like discharging older employees in favor of younger ones.

This is to comples to go into more detail, but if you wish to discuss drop me a line.

Read more
Answered on 12/12/06, 10:57 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York