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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31731
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a 59 year old female. I recently asked my manager if

Customer Question

I am a 59 year old female. I recently asked my manager if I could take some training to further advance my knowledge in my specific area of work. He stated firmly that no, I would be allowed no training and no future opportunity for advancement. He then lectured me on how he, being similar in age, does not want to advance any further and is basically just biding his time until retirement. He suggested clearly that I do the same. Our company has a policy that states each manager must provide opportunities for training, advancement, and promotions; and to help their subordinates advance in their careers. Is this worth pursuing as an age discrimination issue?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Tina replied 8 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

The company is providing training opportunities for significantly younger employees? What type of opportunities?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 8 months ago.

Yes, training is offered to younger employees - most of the training is for them to be qualified to perform their jobs. The training also allows them to be promoted to other and/or higher level jobs that they would not otherwise be eligible for.

Expert:  Tina replied 8 months ago.
Hello again, Dee.

State and federal law does prohibit employers from discriminating against employees due to their age (40 and older) and since they do offer training opportunities for younger workers, this does appear to involve unlawful age discrimination unless the employer has a bona fide reason for not offering people in your position training opportunities, which does not appear to be the case.

Given that it appears to involve unlawful age discrimination, your recourse would typically involve filing a complaint with the EEOC. It would be best to also retain a local attorney especially if you have reason to believe the employer may retaliate against you for filing the complaint.

Whether it is worth pursuing is really a personal choice, but if you are truly interested in the training opportunities and have reason to believe the employer will want to avoid a lawsuit, and are willing to perhaps spend some money on attorney's fees if that becomes necessary, it could be worth pursuing even though you have not yet suffered any monetary losses.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31731
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 7 other Employment Law Specialists are ready to help you
Expert:  Tina replied 8 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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