Is this a Case for Age Discrimination?

Status
Not open for further replies.
N

NikosY

New Member

An employee, 48 years old, works for a hi-tech software company where the median age is in the 30s. He is a consultant at a senior level and has been with the company eight years. The company rates employees on a scale of 1 to 5 once a year. 1=dismissed, 2=not performing job requirements, 2.5=not performing most of job requirements;3=just meets job requirements;3.5=exceeds some job requirements;4=exceeds many job requirements;4.5=exceeds most job requirements;5=0, extraordinary work

The employee's average rating since he has been with the company been 3.5. Previously, the employee was rated 3.5. This year, the employee did more work that he documented and was expecting to receive a 4.0 but instead received a 3.0 because he was measured against his peers at his level. The employee objects and talks to both his manager and his manager's manager. At one point during the lengthy conversation, his manager's manager states "software development is a young man's game...". The employee was told that his rating could not be changed.

In conversations with one of the employee's previous managers who agrees that the employee was not fairly rated, that manager told him that he had heard his manager's manager make the same statement during a management meeting. Furthurmore, he had it written on a powerpoint slide.

Can this employee pursue age discrimination? Does he have a sufficient case?

Any feedback/recommendations would be greatly appreciated.

Thanks
Nikos
 
It def. sounds like age discrimination to me ;) I assume your company doesn't have a union on board there ??? Good luck, and let us know what transposes, but to me, especially if you could produce that power point display, is age discrimination...
 
I'm sorry to hear about your predicament... Tough to say about your chances and without more I don't think you have a strong case that won't also cost you an arm and a leg to pursue. It's hard to say what the "young man's game" comment meant. Could it mean that you are doing a good job but because there are 20 somethings who are wiling to spend all night without sleep trying to figure out a development challenge your comparative rating in the company might be affected? I'm not sure that this is discrimination although it certainly doesn't make me or anyone else feel so great.

The question to ask is what it means not be rated "fairly." What did that mean? Second, how does your rating affect you in a way that would be damaging? I ask the latter because while there is an ego and potential issue later down the road about getting a lower rating, what is the injury now and the wrong to be addressed? If it's about changing your rating, then who will pay the attorney to bring the case?

I don't think this is ripe for litigation just yet. If there is a human resources department I would bring this issue up with them and complain in writing. Regardless, it is probably in your best interests to object in writing, perhaps even an email to your boss regarding this rating and the alleged justification.


NikosY said:
An employee, 48 years old, works for a hi-tech software company where the median age is in the 30s. He is a consultant at a senior level and has been with the company eight years. The company rates employees on a scale of 1 to 5 once a year. 1=dismissed, 2=not performing job requirements, 2.5=not performing most of job requirements;3=just meets job requirements;3.5=exceeds some job requirements;4=exceeds many job requirements;4.5=exceeds most job requirements;5=0, extraordinary work

The employee's average rating since he has been with the company been 3.5. Previously, the employee was rated 3.5. This year, the employee did more work that he documented and was expecting to receive a 4.0 but instead received a 3.0 because he was measured against his peers at his level. The employee objects and talks to both his manager and his manager's manager. At one point during the lengthy conversation, his manager's manager states "software development is a young man's game...". The employee was told that his rating could not be changed.

In conversations with one of the employee's previous managers who agrees that the employee was not fairly rated, that manager told him that he had heard his manager's manager make the same statement during a management meeting. Furthurmore, he had it written on a powerpoint slide.

Can this employee pursue age discrimination? Does he have a sufficient case?

Any feedback/recommendations would be greatly appreciated.

Thanks
Nikos
Click to expand...
 
Start a paper trail. As natty and fake as H.R. types can be, H.R. Managers or Directors generally aren't stupid. If there is a clear issue they will want to resolve it. I wouldn't really expect much, but if you kept being fed a line of bullshit just keep escalating it until someone listens.

There is one issue in the performance review that may not stand weight in Canada. Generally you can be reviewed against non-peers, but you cannot be held to standard. It is discrimination if they compare your performance against 20-something hopefuls.

What that given work load or expectation is, however, is wildly up to interpretation...unless they have a very specific policy outlining it. Even sometimes the definition of "peer" is up for debate. You really need to look back on past years work loads and expectations and compare them. Check for policy changes as well. They can't just arbitrarily decide to keep making the same decisions year after year, then change how they review employees the next year WITHOUT a noted change in their policies.

Do you really need to work for an employer that doesn't appreciate every employee, especially their senior one's?
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top