Legal Question in Employment Law in Pennsylvania

Is this age discrimination?

Hi,

I'll try to be brief. We work for a large hospital. The hospital has a system for posting available jobs that is updated daily. One day, management decided to demote two supervisors to staff employees. A few days later they then named two other workers to the supervisor positions. The positions were never posted for employees to view and apply for, not were there any notices within the department that these positons were open. The positions were filled by two employees in their low 30's and many of us over 40 years of age feel we were denied out rights in, at least, applying for these jobs.

When upper management was asked why they didn't post the jobs theie response was ''we didn;t have to because there isn't a union here''. So our question is does anyone have an opinion if we were discriminated against based on age regarding being denied the opportunity to apply for these jobs. Thanks,

Francis


Asked on 4/27/08, 2:23 pm

2 Answers from Attorneys
Daniel Cevallos Cevallos & Wong, LLP

Re: Is this age discrimination?

This sounds very much like age discrimination. The key is that you find enough of your co-workers to corroborate this story. We handle cases like this, and no fee unless you recover. Please give our offices a call at 267.639.3105 or you can e-mail me directly at [email protected]. Thanks.

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Answered on 4/27/08, 6:35 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Is this age discrimination?

You asked about possible age discrimination.

It sounds like there is a potential claim of age discrimination. You should contact an attorney to discuss this matter in more detail.

The federal Age Discrimination Enforcement Age makes it illegal for employers to discriminate against older workers in any facet of employment. This specifically includes promotions. Even if you are represented by a union there are still many aspects of this matter that can be used to demonstrate discrimination.

The most important thing to remember is that YOU MUST ACT promptly. In most cases of discrimination an employee has only 160 days to make a formal filing of discrimination charges. That often means that if you wait one day too long you can't make the claim.

I have experience dealing with discrimination cases on both sides of the fence. Feel free to call me to discuss this.

Regards,

Roger

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Answered on 4/27/08, 11:09 pm


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