Legal Question in Employment Law in Pennsylvania

Demoted and Denied a Promotion based on my age

Recently after ten years of ''perfect'' service, with annual reviews to suport that claim,I was denied a promotion and demoted. The company I work for has been going through some reorganization and consolidation. The decision was made to merge several of our production departments under one manager and it was decided that they wanted to give me a demotion and promote another employee within our organization into the position I was demoted from. Needless to say, I was surprised when this happened because I feel I'm the most qualified person for the position, and at times I've been told this by upper management. Of course I questioned my supervisor why I wasn't chosen and the response I got was ''I'm to young, I was promoted through the levels of mangement to quickly over the past few years, My management style isn't mature enough, and they wanted to put someone into the position that was olded and more expereienced. Is this legal? Do I have a case? My level of pay wasn't affected with the new job I was assigned, but I do still feel like I've lost a lot of opportunity to advance which with that carries the opportunity for pay increases. Can companies make these kinds of changes legally and get away with it? Please help.


Asked on 4/13/05, 7:58 am

2 Answers from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Demoted and Denied a Promotion based on my age

Age is a protected class only if you are over 40. The law is written to protect older workers from being discriminated against, not for younger workers. If this was the only reason you weren't promoted, there may (emphasis may) be a claim for reverse discrimination, but it's a longshot.

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Answered on 4/15/05, 2:24 am
Mark Johns Mark Johns, Esquire

Re: Demoted and Denied a Promotion based on my age

The only impediment to a company hiring, firing, promoting or demoting is that the action must not be taken for an illegal purpose. Therefor, if you were a member of a protected class (race,gender,disabled) if they promoted someone who is not a member of a protected class you might have a case. You could also have a reverse discrimination case if they promoted a member of a protected class and demoted you solely on the basis of the class status of the people involved. I offer free consultations.

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Answered on 4/13/05, 8:32 am


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