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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34103
Experience:  More than 30 years in legal practice.
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My boss gave me a written warning after the store failed an

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My boss gave me a written warning after the store failed an internal audit of policy and procedures as well as transferred me out of the store. There were numerous violations by all managers, but I was the only one given a written warning. I was the oldest manager in age and the only manager of color.

The same manager that wrote me up gave me an exceeds rating on my last review. I have been praised and acknowledge for my contributions to the company thru sales increase as well as shrink decrease. Most recently the shoe department had a $23000 in inventory loss. Now I am being painted as a looser/problem because the new bosses cannot handle the truth. Also the company has an open door policy which the new bosses tactics violate. Is this disparate treatment?
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to provide an honest and accurate answer to your question.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:

In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:
presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).

I realize that the case cited applies to a termination of employment, but the standard is used for any disparate treatment by an employer applied due to the age of the employee.

Once you are able to establish that you and your colleagues were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.

To start the process, contact the EEOC at for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.

It is the same basic process for racial discrimination, as well. The main thing to understand is that once you make a prima facie showing, the burden shifts to the employer to show that they had a non discriminatory reason for taking the action they did.

Also, they may not punish you for filing a grievance based on discrimination or they will face further liability.

I hope this answers your question and is helpful.

It has been my privilege to assist you. Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Loren and 7 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

Yes, the person that did replace me is younger and they gave her more help than I had when I was there. I was equally qualified, the store manager is also young (32) as well is the District manager (41). I calculate the woman that replaced me to be about 38 to 40 yo. Thank you...that is very good news. I will proceed as u suggested.

You are very welcome Corey. I am happy to have been of service to you and hope you found that service no less than excellent.

Thank you.


If you have not already do so, please remember to leave a favorable rating so that I am paid for assisting you.
Loren and 7 other Employment Law Specialists are ready to help you
Thank you, XXXXX XXXXX your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):

Best wishes and good luck to you.

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