FIRM UPDATE: Our offices are open and we are accepting new clients. To protect our community and our legal team in response to the threat of COVID-19, we are offering video and telephone consultations. Please call or email our office to discuss your options.
Menu Contact
  • Super Lawyers
  • Avvo
  • The National Trial Lawyers
  • AV Preeminent | Martindale-Hubbell LawyerRating

Age and experience are not always a plus

You were passed up again for another promotion. You came to this as a second career, but you work hard and bring in strong numbers. It is infuriating that people 15 years younger than you keep picking up those promotions, but you can't, regardless of how hard you work. Discriminating based upon age is a form of workplace discrimination. We are all familiar with the classic discriminated groups like religion, sex and ethnicity; however, just because age discrimination may seem outlandish does not mean it is any less hurtful.

Both federal and Missouri law forbid age discrimination against employees over 40 years old, but not if you're over 70. Well sure, you may think, but it isn't like they single me out for being older. You never felt like an outsider at the company before.

True, discrimination is a poignant term that carries images of black and white photos, the March on Washington and Equal pay, but there is a subtle, more insidious version of discrimination. So subtle that many supervisors may not even realize they are discriminating against their employees. It can take the form of reduced hours, job assignments, training and promotions. Most discrimination isn't blatant; it is indirect. Just because you weren't personally attacked doesn't mean your rights aren't being infringed upon.

If you are being passed up for promotion, you're over 40 and it looks suspicious, you may be the victim of workplace discrimination. Bear in mind that this can be difficult to prove. It isn't enough that a general policy may have a disparate impact on older workers. It must be established that the discrimination was deliberate.

Discrimination does not have to be obvious, in fact it usually isn't. The most dangerous form of discrimination is subtle and culture-oriented such that no one recognizes it. Don't forego your rights. You work hard and you deserve an equal shot at promotions and raises. Age discrimination claims are complicated which is why it is helpful to consult an attorney to discuss your claims and rights.

No Comments

Leave a comment
Comment Information

Tell Us About Your Case. Get A Free Consultation Speak With A Compassionate, Devoted Attorney Today. Please Call 816-399-5149.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Email Us For A Response

Holman Schiavone, LLC
4600 Madison Avenue
Suite 810
Kansas City, MO 64112

Toll Free: 888-493-5074
Phone: 816-399-5149
Fax: 816-283-8739
Map & Directions

Review Us
Google Map