What constitutes a labor law issue or age discrimination case regarding employment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes a labor law issue or age discrimination case regarding employment?
I’m an on-call part timesubstance abuse specialist job title at a detox facility. Recently, a full-time position opened up and I expressed interest in it. I was told that I don’t have the required qualifications they require a CAC II or bachelor’s degree for regular positions as I have a CAC I but no degree. I believe this was changed after I was hired. So, I was told that I’m not even
allowed to submit for the positions same job title even though I’ve been doing the job for over a year. I’m 57 and not going to accrue student loans at this point. So, I’m stuck as part time with no benefits and no opportunity for full-time. Can they do this and is it a labor or discrimination issue?
Asked on February 27, 2017 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, it is not discrimination:
1) The criteria--a certain degree or qualification--is "neutral": it is not age-related, so requiring this is not discriminatory. Young or old, you'd have to have the credential.
2) The requirements are reasonable: no court with which I am familiar would find these requirments to be a pretext to not hire you for this position.
3) It doesn't matter if it was changed after you were hired: employers can change the requirements for a job at any time. They are not locked into maintaining the same requirements in place when staff who occupy different positions had been hired.
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 AttorneyPages.com 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.