Age discrimation

UPDATED: Sep 30, 2022

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Age discrimation

I have been told I was lazy and too old to do
my job by a member of management at my
Can they treat me this way

Asked on February 24, 2017 under Employment Labor Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The comment about you being too "old" does potentially make this age discrimination (which includes being harassed due to your age) if you are 40 or over. (People under 40 are not protected by law.) The comment about being "lazy" could also be age discrimination, if it was that you are lazy *because* you are old. But if your manager simply thinks that are a lazy person, without your age being part of that, then that comment is not age discrimination or in any way actionable. (I.e. a manager can consider an employee to be lazy and tell him or her that.)
But again: the "too old" comment could be actionable discrimination; you may wish to speak with the federal EEOC about seeing if they believe that you have sufficient grounds to file a complaint.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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