Legal Question in Employment Law in Oregon

Re: Age discrimination?

Generally, employers in Oregon may not use an employee's age as the basis for any adverse employment decision that affects an employee's terms or conditions of employment. In the case of pay, an employer violates the civil rights statutes if it decides to pay a younger/older employee LESS solely because of age. Whether there is a violation if the employer pays an older employee MORE would turn on two independent issues -- two theories -- each giving rise to a separate cause of action.

Under the first theory -- disparate treatment -- timing would be key. If the employees were hired simultaneously and the employer paid the older employee more solely because of his age, regardless of experience, knowledge, skill, etc., then the employer would most likely be violating the law. If the hiring and pay decisions occurred at different times, then the case becomes more complicated and weaker. This is because the pay rate for the older employee is only circumstantial evidence of discriminatory animus in the decision maker vis-a-vis the younger employee. One could think of a host of nondiscriminatory reasons why the employer may have paid the younger employe a lower rate, e.g. economics at the different time, etc.

Under the second theory -- disparate impact -- the employer could run afould of the civil rights law if it made the differing pay decisions according to a policy or practice. Such a policy or practice would be illegal if based on age.

Regarding your question on comp time, generally only governmental entities are allowed to give time off in lieu of paying overtime.

This advice is general in nature and is not intended to be relied upon in lieu of specific legal advice. You should always consult legal counsel in your jurisdiction to obtain an opinion as to the applicable limitations period.