Age Discrimination: I Keep Getting Referred To An An “Old Man”
There is a lead material handler that works for the same company I do and the lead material handler keeps calling me “OLD MAN” and shows no respect,the human resource manager is aware of the problem. I just want to know if I could sue the company and lead material handler for age discrimination?
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3 Responses to Age Discrimination: I Keep Getting Referred To An An “Old Man”
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I have had the above happen to me recently and was terminated when I complained. I do have witnesses.
It sounds more like harrassment to me than discrimination, you aren’t really being passed over or fired because of your age, just being disrespected, which can happen to anyone.
In order for it to be age discrimination, you have to be at least 40 years old. Did you tell this personl to stop? You said HR knows about it, but did you complain to them about it and request of them to make it stop? If you did and HR knows about it and they don’t do anything about it, then HR is on the hook.
While off-hand occasional remarks are not enough to claim discrimination, continual comments can be creating a hostile work environment due to age discrimination. Here’s what the EEOC has to say about it.
Age Discrimination & Harassment
It is unlawful to harass a person because of his or her age.
Harassment can include, for example, offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
http://www.eeoc.gov/laws/types/age.cfm
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