What are the remedies for discrimination based on Age, in Higher Education
Already Tried: Only thought about seeking justice
Please clarify, are you an employee of a College or University?
No; a student in a professional program
Please describe the situation, are you being discriminated against due to your age? Are you over the age of 40?
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schoollaw :
I did enroll myself in a professional program at a University-Hospital professional program from 9/2011-1/2012; one of the fellow students made a derogatory/candesending remark (in writing, and I have access to it) about my performance specifically referring to my age such as remarking "an elderly man" " and "walking at snail pace" etc( I was 72 y/o when I was accepted to the program ); the ramifications of such comments showed up in this fellow student's subsequent official comments - all the while the designated Supervisor condoned/promoted such ongoing ill-treatment,including calling my wife at home while I was on duty, and apparently resulted in not only the Supervisor's nasty/baseless comments in the end of the program evaluation, quoting/involving at least this student and a staff - all unverified /unwarranted and baseless. Though I got a grade, "Credit Granted" the statements, the 9 pages which followed, was full of the -ives, and a couple of objectionable aspersions on my integrity! The program is run under the auspices of a National Assn! (I have not signed the report yet, and the time the Sup dictated is running out by 5/31/2012)
Please respond with your legal opinion.
This is an unfortunate situation, under the The Age Discrimination Act of 1975 discrimination based on age in programs or activities that receive federal financial assistance. The U.S. Department of Education gives financial assistance to schools and colleges. The Age Discrimination regulation describes conduct that violates the Act. The Age Discrimination regulation is enforced by the Office for Civil Rights and is in the Code of Federal Regulations at 34 CFR Part 110.
In your situation, you should consider having an attorney submit a letter to the program head stating that you feel you have faced age discrimination, and that you will explore all legal avenues available to you. If you are denied employment or face any negative repurcussions due to their actions, then you can consider a lawsuit against the Program.
Experience: UFT ATTORNEY NY
Good; thank you.
In terms of a monetary award, that is difficult to determine, however it could be significant depending on the damage you suffered from the age discrimination, and if the program had a long history of this type of action.
http://newjerseyhills.com/mt_olive_chronicle/news/teacher-age-discrimination-suit-leads-to-award-to-former-mount/article_669a5864-4d0d-11e1-ae39-0019bb2963f4.html
Awards could range from a few thousand to 1 million, it depends on the actual financial injury you can prove and the extent of the discrimination.