Some things are best left unsaid. For example, no manager or supervisor should ever suggest that age plays any role in any employment decision, whether hiring, promotion or discharge.
Even a single comment or two may be enough to permit an Age Discrimination in Employment Act (ADEA) lawsuit under the right (or, more precisely, wrong) circumstances.
Although a stray comment alone may not be enough to prove discrimination, when coupled with other evidence—like a younger individual hired to perform a similar or the same job as someone older who was terminated—the comment may come back to haunt you.
Recent case: Tonda was hired as a supply chain business analyst in Minnesota. She got excellent reviews. She and a fellow analyst were both over age 40. Both women ended up taking—Tonda to be treated for anemia and her co-worker for breast cancer.
Sometime during their last few years with the company, a supervisor told the...(register to read more)
- Common sense: It's OK to urge employee to use paid leave instead of unpaid FMLA
- Employees' temporary disabilities don't trigger ADA protections
- ADA: 'Toxic' work site (plus toxic boss) doesn't necessarily create disability
- Recertification request won't guarantee FMLA extension
- Beware suspicious timing when taking action against employee undergoing medical treatment