To prove age discrimination, a fired employee must be age 40 or older and show that she was replaced by someone under 40 who was less qualified. Marcy Starnes didn’t have to look far to find her replacement. It was her daughter.
The 52-year-old Starnes managed the Carmel Cinema in Putnam County. Her 25-year-old daughter was the assistant manager.
According to an EEOC complaint, theater owner Gary Goldring and operations manager Paul Schuyler made derogatory comments about Starnes’ age. She says the two men “implied that she was too old to learn how to use a computer or computer program.”
In September 2010, Goldring fired Starnes because “she did not mesh with his staff.” Then he allegedly asked if her daughter could handle the job. Starnes is using ownership’s comments and her daughter’s age as evidence of age discrimination.
- Recruiting/Screening Practices
- Accommodate religious requests; don't argue 'sincerity' of beliefs
- Don't believe it: Employee facing discipline can't quit and then claim constructive discharge
- If you discover wrongdoing after the fact, you can use it in court to justify termination
- Made a mistake? Fix it fast to avoid liability