I've worked for the same company for over twenty years. The managers, my bosses, come and go but I've always done well in my reviews and gotten along with my co-workers. I'm 52 years old now and I recently applied for several different jobs within the company as openings developed. These would have been promotions with more pay and responsibility. The new management team did not hire me for any of these jobs and instead hired people in their early thirties. I was told I was not the best candidate. OK. But I don't see how someone who has worked in the company for two decades and in the same department as the jobs that I applied for cannot be a good candidate. Am I correct in thinking that I can sue for age discrimination based on promotions or internal job even though I already work for the company? Thanks in advance.
Search Existing Questions
Login to Post Questions
Tell Us What You Think
The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
Disclaimer
The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Age discrimination in job advancement in MA
Absolutely, you are correct. Federal and state laws, such as Massachusetts General Laws Chapter 151B, protect older employees from any type of "adverse action" that can be attributed to age discrimination. That protection does not merely extend to those seeking new jobs at companies they have no prior dealings with. The law defines adverse actions broadly and prohibits discrimination in the firing, hiring, promoting, or compensating of employees.
Having said that, it is hard, without knowing a lot more information, to evaluate your situation and/or offer a guess as to whether you have been treated in a way that might be found to be discriminatory. As I'm sure you know, a company can determine that a person is not the best candidate for a job without discriminating based on that person's age. Perhaps you should talk to a Massachusetts employment law attorney. Good luck.