Legal Question in Discrimination Law in Oregon

My mother was recently laid off from her job because she was told they could no longer afford her. In the week leading up to being let go, she received the renewal notice for the office medical insurance, clearly outlining that since she was turning 55, the premium was going to increase significantly. It clearly identified her by name and age. It is a small office (under 10 employees) and she is the oldest employee on the medical plan. She was not given any notice, and it would appear that she was let go based on her age and the increase cost of maintaining the office benefit package. Since the EEOC and ADEA define that an organization must have 20 or more employees, does she have any possibility of a case for age discrimination? I understand more details are necessary, my question is simply related to the ADEA laws. Also, what are the HIPPA laws regarding the insurance company naming her by name as the reason for the premium increase? The company is located in Oregon.

Thank you for taking the time to respond.

-Concerned Son


Asked on 1/04/11, 9:27 pm

1 Answer from Attorneys
Craig Crispin Crispin Employment Lawyers

Without attempting to answer the question regarding whether your fact situation constitutes age discrimination, I can say that Oregon law protects against age discrimination for employers with one or more employees. The fact situation is sufficiently complex that you (or your mother, preferably) should contact an experienced employment lawyer to analyze the facts and determine if unlawful action has occurred. She may also want to contact the Oregon Bureau of Labor and Industries, Civil Rights Division, for assistance.

The above is for general discussion purposes only and does not constitute specific legal advice.

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Answered on 1/09/11, 9:47 pm


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