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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Iam 66 and have been working company years. I have not

Customer Question

Iam 66 and have been working for this company for 5 years. I have not received a raise in 5 years. I get excellent reviews every year.
When I ask they say you are in the high end of your jobs pay grade. I get good bonuses but never a raise.
Is this discrimination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. There would be no way for an Expert on this Site, or any other Attorney, to tell you, based on the information you have provided, whether or not you have an actionable case for age discrimination. That said, I can tell you what your rights are if you do believe you are being targeted because you are over 40 for discrimination and can also discuss the law in general.

First, it is important to note that unless an employee has a bargaining agreement, written policy or term contract that guarantees raises at certain points in their career, an employer is under no legal duty to provided a raise. In addition, if an employer does have a pay grade system and wage limits within that system, then as long as they stick to their policies, they are not violating any laws.

Also, in order to have a wage discrimination case based on age, there would have to be evidence that all workers over 40 years of age (the age that the law starts protecting based on age) are treated adversely by the employer in regards ***** ***** In other words, you must not be the only one over 40 who hasn't gotten a raise, when people under 40 do, if you were to have a successful age discrimination claim. The fact that you are receiving bonuses, likewise, would not help a claim of age discrimination either.

All that said, I can't guess what your employer's motivations are or how all other workers over 40 years of age are treated in regards ***** ***** versus workers under 40. Employer's can have pay grade limits even if they disproportionally effect workers over 40. If you believe that you are being treated adversely only because you are over 40 and not because of a policy, etc., your first step under the law would have to be to file an age discrimination complaint with your employer's HR or EO division. If they fail to resolve the issue, then you would file a complaint with the EEOC and would also want to sit down with a local employment law attorney to discuss all of the details to see if they think your case has enough merit to file suit right away or instead wait to see if the EEOC can resolve the issue for you through mediation and their investigation.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.