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Can Remarks About My Age Be an Indicator of Discrimination Against Me?

I have been working in a gym for 2 years as a trainer and before that I worked as a manager of gyms for the last 15 years. They promised me that I would be promoted to be a manager within a year. The new owner of the gym says that I am "too damn old to do the job." I am 42 years old! Is this legal?

By Deskin Law Firm
A decision maker's remarks about race, age, or gender may be an indicator of his discrimination against you. Age discrimination of those who are over 40 is illegal and his remark may be sufficient evidence of age-based discrimination for you to win a case against him.

Can Remarks About My Age Be an Indicator of Discrimination Against Me?

Laying off senior employees that have higher pay

I am 52 years old and I have been laid off from my job. I earn more than most employees in my position. Can I sue my employer for employment discrimination for firing me?

By Deskin Law Firm
There is often a correlation between higher pay and age, so the fact that highly paid employees are treated adversely does not itself prove age discrimination. Employers can make business decisions based on other factors - like terminating employees because of seniority or high pay - even though this may affect more people who are older, if there is no intentional age discrimination. But the employer cannot have a hidden agenda and lay off people with more experience or higher salary just for the purpose of laying off older workers. See Slather v. Sather Trucking Corporation (8th Cir. 1996) 78 F3d 415.

Did my Employer Lay Me Off in a Way that is Considered Unlawfully Discriminatory?