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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110473
Experience:  20+ Years of Employment Law Experience
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Two situations- each one a different employer. My question

Customer Question

two situations- each one a different employer. My question is whethe age discrimination applies in #1: Myself (64) and another nurse (58 yo) were signaled out by our manager, and terminated for some scanning errors on med administration. Lots of details could apply,
such as (1) new technology (2) scanning equipment not available (3) interruptions in med pass. The technology company itself does not recommend anything but education and follow up in case of scanning ommissions. We both passed a drug screen. We have cumulatively about 23 years at the facility, and are the o ldest nurses in unit. She wants young nurses with low pay. I was threatened with being turned in to the DEA and the police department, as if (she gave me the example of robitussin ACwas a likely "drug theft". Was embarrassed in front of my peers at a meeting. AGE DISCRIMINATION
#2 Have not been fired yet, but believe I may be, or at least placed on disciplinary action soon for the following. I was pulled from my unit to work another floor (5//3//16) and the facility payed a gentleman a substantial bonus to work my shift. Apparently this has gone on a lot and I did not know. Men get the big bonuses. I get threatened. GENDER INEQUITY
Thanks for your kind opinion
Submitted: 5 months ago.
Category: Employment Law
Expert:  Infolawyer replied 5 months ago.
In scenario No. 1 there is apparent age discrimination where other younger employees similarly situated were not selected.In scenario 2, where treated worse than similarly situated males, there is a claim as well.In both situations, the evidence is circumstantial but a court would compare how one is treated relative to others in the a suspect class.
Expert:  Infolawyer replied 5 months ago.
Kindly let me know if the answer is fast and acceptable.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You say you were singled out, you mean that other persons who were under 40 have errors and are not being disciplined and if that is the case, then you would have a claim of discrimination based on your age. You would have to prove that the ONLY reason that you are being punished or selected for inspection would be your age and no other reason. If this is the case, then you must file a complaint for age discrimination with the EEOC ( and they would have to investigate and examine your evidence to determine if you have a right to sue and issue you a right to sue letter.
Wanting newer nurses (or other types of employees) for less pay is not age discrimination according to the US Department of Labor and the EEOC, it is a economic discrimination that is not unlawful. So if the reason they are doing this is economic, then that would not fall under age discrimination even if it may impact workers over 40.
Gender discrimination is another matter. Again, you have to prove the ONLY reason they are doing this to you is your gender. There can be no other reasons (aside from maybe age/race/national origin/disability) for their conduct towards you.
Any evidence of discrimination on any one or multiple of those grounds you need to file a complaint to the EEOC to seek a right to sue letter.
If she is making known false statements about you, such as stealing drugs, that is yet another issue and grounds for you to sue her for defamation per se, because it is a tort to accuse someone falsely of drug use or abuse or even theft and you can seek damages against her personally for doing so.

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