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Question

I am a 66 yr old RN - employed cosultant for an owner of multiple LTC buildings in the US. I am the oldest consultant in my region & the newest "hire" (15 months). Peers are younger, with longer tenure and "clicky". My annual eval @ the end of June was not good & a total shock to me. I recently learned I would be needing OP surg & had appt. for 10/9/09. On 9/9/09, I was presented with a written performance plan & a 1 month window to meet the standard. Included in the "plan" were dress code "standards" to include wearing a bra (I wear one of those one-piece lycra things and I'm not large busted). I am also to wear tops with sleeves, although I wear a lab coat when working. I am not a sexy old lady. I was reported for taking off my lab coat (hot flash) in one of the work rooms. There have been a host of untrue allegations about clothing & alleged conversations reported to my supervisor. I feel hostility of work environment & fear loss of livelihood....regardless of whatever I do.

Submitted: 188 days and 8 hours ago.
Category: Employment Law
Value: $30
Status: CLOSED
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Optional Information

State/Country relating to question: Ohio

Already Tried:
I am to call my director once weekly to f/u on items identified on plan. I have not reviewed corporate harassment/discrimination P & P. I fear being "set up" for termination for "cause", although allegations are untrue & I have no recourse. "Downsizing" would necessitate unemployment compensation. Company has attorneys on staff. I'm on egg shells ... chest tightness, sleeplessness, worry for loss of salary & health benefits.

Posted by INFOLAWYER 188 days and 8 hours ago.

Info Request

Are you being discriminated because of your age?

187 days and 19 hours ago.

Reply

That's difficult to assess. I look younger than my age and I doubt they would have hired me if they had checked my birth year. I am the oldest. I told my director about needing the procedure (arthroscopy) and found it interesting that my "compliance" date was on the date of my appointment. In other words, try to get rid of this old gal before she has to take time off and we have to pay her.

Posted by INFOLAWYER 187 days and 19 hours ago.

Answer

Are they treating younger workers better? It is rarely said straight out but can often be concluded from general behavior and how others treated, hired, fired etc.   

187 days and 13 hours ago.

Reply

Also difficult to access, as I have not reviewed performance evaluations of other employees. I do kinow I am being watched like a hawk ... particularly what I am wearing as far as neckline, shoes, lab jacket, pant length, etc. I mentioned to one of the younger consultants that I had been counseled for wearing a neckline that was too low (I have NO cleavage). She said "Oh, then I had better start watching out what I wear". She HAS cleavage and has, in fact had a breast reduction. Often has worn blouses with cleavage. They "like" her, however. No problem.

Accepted Answer

Well if you have reason to think it is age related or want to the issue examined further, consider a complaint to the eeoc. see www.eeoc.gov for instructions for filing a charge.

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Expert: INFOLAWYER
Pos. Feedback: 94.6 %
Accepts: 6027
Answered: 9/15/2009

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