QUESTION

Is the hospital discriminating against older employees?

Asked on Dec 27th, 2011 on Labor and Employment - Oregon
More details to this question:
I work in a large hospital and recently our department cut hours on several people and it happened to be only top pay scale and over 50 years old employees. Is that age discrimination and do we have any recourse?
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2 ANSWERS

Commercial Litigation Attorney serving New York, NY
Partner at Cuomo LLC
2 Awards
If it can be established that he cuts were age-based, then yes, there may be a discrimination lawsuit. There are many attorneys that specialize in this area. I would advise you to seek a free consultation with an experienced plaintiff's employment discrimination attorney immediately.
Answered on Jan 04th, 2012 at 11:00 PM

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Kevin Elliott Parks
That they cut hours relative to a pay scale alone wouldn't be the basis for a claim of age discrimination, and in fact the employer would likely use the pay scale/wage basis as underlying their decision - i.e., that they didn't just cut the pay of 50+ year old workers, but all workers in a given salary range to save funds. Of course, you could argue that they used the salary range criteria just because it included all of the workers over 50, but that's a bit of a tough sell to a jury. That said, though, that doesn't necessarily mean that the decision isn't illegal discrimination.
Answered on Jan 04th, 2012 at 1:19 PM

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