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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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I am a 59 year old female and have worked same company

Customer Question

I am a 59 year old female and have worked for the same company for 36 years. My current management position is being restructured and the person taking my place is a male under 40. The company is placing me in a position with the same pay and grade but instead of reporting directly to the president, I will be reporting to a woman under 40. Human Resources states this is not a demotion but everyone else sees it as one including me. What recourse do I have?
Submitted: 5 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Do you have any reason to believe that this is happening to you because you are a woman or because of your age, aside from the fact that the other employees are younger and one is a male? I very much look forward to helping you on this matter.

Customer: replied 5 months ago.
to both of your questions. I have far more experience and the same level of education.
Expert:  Patrick, Esq. replied 5 months ago.

Thank you.

If you believe you can prove that you were moved to a different position because of your gender or because of your age, then you may have a claim. The big issue is damages. Civil suits are about compensating plaintiffs financially for losses they have incurred. If you are not making less and the new position only represents a reduction in responsibility or prestige, it is very hard if not entirely impossible to quantify that as a damage. So, there is a possibility you could go through a very lengthy and expensive legal process only to wind up with an extremely small jury verdict.

Still, you can certainly file a complaint with the Equal Employment Opportunity Commission. This is the federal agency in charge or enforcing our anti-discrimination laws. It's actually a requirement that you file an EEOC complint before filing a lawsuit, so you'd have to take this step no matter what. The EEOC will investigate and attempt to mediate a resolution with your employer. They may uncover additional evidence of discrimination that would give you a much stronger case. There is no cost for filing an EEOC complaint and your employer is legally prohibited from retaliating against you for it, so there really isn't much to lose. If the EEOC process fails to resolve your case, you then have a much harder decision to make whether to file a lawsuit or not. For the reasons noted above regarding the lack of quantifiable damages, it may not be in your best interest to do so, but a consultation with a local employment attorney at that point in time would certainly be advisable.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Expert:  Patrick, Esq. replied 5 months ago.

Was there anything else I can do to assist you?

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