refusing to promote

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?

I have been working in a restaurant for 3 years as a bus boy. I have the experience to be a waiter. I am African American. My manager keeps calling me "boy." He seems to think that it is okay to refer to me as "boy," when none of the other white people get names like this. I think he is not promoting me because I am African American. Is this legal?

By Deskin Law Firm
A decisionmaker's remarks about race, age, or gender may be an indicator of his discrimination against you. Whether the remarks indicate a bias to promoting you depends on the decisionmaker's meaning of the term "boy." It may depend on factors like the context, inflection, tone of voice, local custom and historical usage.

Can Remarks About Race an Indicator of Discrimination Against Me?

I am African-American and have been working for my employer for 3 years. Many new people have been hired over time, White, Latino and some African-Americans. It seems like the managers in the store are all White. I have applied for a Manager position a few times and have been told "No" in a very friendly way, but I have more experience than most of the people that get management positions. Is this legal?

By Deskin Law Firm
Your employer cannot refuse to promote you simply because you are African-American. Failing or refusing to hire you or refer you for employment or firing because of your race, color, religion, sex or national origin is illegal.

In addition, discriminating with respect to your compensation, terms, conditions or privileges of employment is also illegal.

Is Your Employer's Conduct Unlawfully Discriminatory?