Is it age/sex discrimination if a younger male is given preferential treatment?
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Is it age/sex discrimination if a younger male is given preferential treatment?
I had 3 bad mystery shops in 4 years. Another associate had 3 in much less time. I was written up and during my write-up I was told the other associate was being written up also. He was not. Another mystery shop came out and he failed again. He was not written up. I am a 54 year old woman. He is a 20 something man. Also, my write up is on the PC, not password protected. It is 2 clicks away from anyone viewing it. He allows associates to use the PC. I am a member of the management team.
Asked on August 9, 2011 Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Companies may not discriminate on the basis of sex or gender (i.e. in favor of man, not a woman) or against a person over the age of 40 in favor of someone younger. While it is permissible to take negative employment action against an older woman, it has to be for reasons unconnected with age or gender. If you believe that the actions taken against you were due to your age--or your sex--you may have a legal cause of action, though if you have not suffered some actual consequence (lower pay; suspended; fired; denied promotion; etc.) due to it, there is really nothing to sue for at the time. If you have suffered any loss, or believe you will shortly (e.g. that you may be fired), you should consult with an employment attorney about the situation. Good luck.
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