Managers and supervisors sometimes do stupid things—such as making statements older workers may interpret as ageist.
But ill-chosen words don’t guarantee a successful age discrimination lawsuit. That’s especially true if the comments were made many months before the employee was terminated or otherwise suffered alleged discrimination.
Recent case: Richard Kremp worked for Wachovia Bank. He claimed that months before he was fired at age 47 for alleged misconduct, his supervisors had made ageist statements. One boss allegedly said Kremp was a “dinosaur with a target on his back.” He sued.
However, the court said the supervisors’ statements alone weren’t enough to cast doubt on the performance issues that the bank said were the real reason he was terminated. (Kremp v. Wachovia Bank, No. 09-2847, DC NJ, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Use proactive process to stop little digs from adding up to hostile environment
- First suggestion needn't be last word: You're free to choose reasonable accommodation
- Check bankruptcy filings—You just might dodge a suit
- Check reviews: Has employee ever complained?