Age discrimination in lay off selection?
I was recently laid off after 12 years of service. The reason given to me was "cost cutting", the company did lay off other directors and senior directors. I was senior manager.
On the explanation given, the selection was done based on role duplication/lack of necessary skills for the remaining position/job performance.
On the older workers' benefit protection act, the disclosure that I was one of the two older employees to be laid off, the other was a PA at 65. I am 50.
The remaining employee list shows that all are under 50, there is a director at 44 remaining. The director would be on a higher salary than me.
Is this ground for age discrimination?
Answers (1)
The mere fact that the two employees laid off are 50 and 65 does not constitute age discrimination. Rather, the layoff would be discriminatory if you (and the other affected employee) were selected for layoff because of your age, or via a method with a discriminatory impact. Both methods of analysis are complicated. You should review your situation with an experienced employment attorney.
posted by George Allen | Apr 23, 2009 6:29 PM [EST]
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