A recent case determined that a trucking firm operations manager could
bring a claim for age discrimination. InHale v. ABF Freight Sys. Inc., D. Archie Hale filed an employment discrimination lawsuit against the
trucking firm based on his supervisor’s direct reference to his
age when they were discussing his retirement plan.
Under Federal Law, age discrimination is illegal. The Age Discrimination
in Employment Act (ADEA) prohibits discrimination against individuals
over the age of 40. Like the other discrimination laws, if you are over
40, your employer may not discriminate against you on the basis of your
age, and you are also protected from harassment on the basis of your age.
Further, the ADEA prohibits any type of adverse action against you because
of your age, including the failure to hire you or a discharge because
of your age.
If you have questions about age discrimination or believe that you may
have been discriminated at work because of your age, it’s a good
idea to seek the advice of an experienced
Atlanta age discrimination lawyerright away. Unfortunately, although employers should respect older workers
for their hard work and experience, age discrimination is one of the faster
growing areas of employment discrimination.
Here, Hale alleged that his managed criticized him frequently for several
months before eventually firing him in 2009. For the 12 years prior, he
had received satisfactory performance evaluations. However, beginning
in 2009 his supervisor stepped up scrutiny of him and began questioning
him about his plans for retirement. The criticism increased throughout
the year until he was ultimately fired for poor performance.
Hale brought an age discrimination claim and submitted evidence that after
telling his supervisor he planned to work until age 67, the supervisor
told another worker that Hale is “going to leave here when he is
62” and the supervisor was “going to see to it.”
The 6th circuit court found that this statement could be direct evidence
of age discrimination.
The court stated: “Laney was Hale’s immediate supervisor, had
decision-making authority over his employment, clearly connected his age
to her plans to terminate him, and did in fact terminate him.”
Further, “Laney’s alleged statement shows that her decision
was based not on an age-related factor but on age itself,” Judge
David W. McKeague wrote. “In short, Laney’s remarks, if believed,
require the conclusion that being 62 was the precipitating factor of Hale’s
Sadly despite their breadth of knowledge and experience, older workers
are often not given the respect they deserve at the workplace and continue
to face discrimination and bias.
For more information or if you believe you may have been subjected to age
discrimination at work, please contact the top
Georgia age discrimination lawyers at The Buckley Law Firm, LLC for an immediate consultation.