Boston, Holt & Durham, PLLC

Age discrimination is a violation of employment law

Equal opportunity employment should mean just what it sounds like in Tennessee. If a person is qualified and physically able to do a job, the individual should have the opportunity to demonstrate that he or she can do the job. However, in a case recently brought against a fast food chain, it appears that age may be being used as a disqualifier, which is in violation of employment law.

The parent company of Hardee's and Carl's Jr. has been given until July 16 to respond to allegations that the new CEO dismissed management level employees because of their ages. The age of most management personnel was over 50, and he apparently wanted to change that. The Age Discrimination in Employment Act of 1967 makes it illegal to discriminate against individuals in the workplace based on age.

The gentleman who brought the suit was 58 at the time of his dismissal and has not been able to find comparable employment since he was dismissed. There are four other management employees who are named in the lawsuit. They were all in their 50s and 60s when they were let go. The positions were filled by people in their 30s and 40s. The new CEO was 48 when he was named to the job.

It is not always easy to discern age discrimination. If a person in Tennessee believes he or she is the victim of age discrimination in the workplace, a confidential conversation with an experienced employment law attorney. A knowledgeable lawyer may be appropriate. The attorney can review the situation and advise the client as to what legal options may be available.

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