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  1. #1
    Join Date
    Sep 2009
    Posts
    8

    Default Discrimination Based on Age

    This question pertains to the law in California.

    Last week our company announced that employees with 20+ years of service would lose 2 weeks of paid vacation, employees with 15 - 20 years of service would lose 1 week of paid vacation, and employees with less than 15 years of service would not be impacted. Is this age discrimination since the majority of employees were older than 40?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Discrimination

    The decision to cut back here is not predicated on age, but the economy.

    Of course, with more years service, the employee will be at a so called protected age.

  3. #3
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Discrimination

    Thanks for such a quick response! So, it is not discriminatory?

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Discrimination

    Quote Quoting dldmcd
    View Post
    Thanks for such a quick response! So, it is not discriminatory?

    I would say NO.

    The only sequence/pattern I can see of possible discrimination is if any employee, say over 15 years, received, as an example, 4 weeks vacation.

    This could put a person, if they started at 18, at only 33.

    Say there were many employees in this category, but only the over 40 class was cut, then some questions may arise.

  5. #5
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Discrimination

    Thanks! If you don't mind, I have one other question.

    Our company has been having a couple of layoffs and it is quite apparent the people being targeted are employees that are 40 - 54 years of age, with many years with the company. They are certainly higher paid than the younger employees and also have retirement plans that the younger workers do not have. Is this discriminatory?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Discrimination

    It depends on the reason they are being targeted. If they are selected for layoff because of their age, that is illegal discrimination. If they are being selected because they are the highest paid, that is not.

  7. #7
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Discrimination

    Agree, it may seem unfair if they are selected for layoff due to being the highest paid, but not illegal. (It would be illegal to select them for layoff due to their age being 40 & older.)

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Discrimination

    I just want to make sure that I'm understanding. What is happening is that the vacation accrual rate is decreasing based on years of service going forward, is that correct? You aren't losing vacation that you have already accrued, right?

    It is not illegal discrimination to change the vacation entitlements based on years of service.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Discrimination

    Quote Quoting PattyPA
    View Post
    What is happening is that the vacation accrual rate is decreasing based on years of service going forward, is that correct? You aren't losing vacation that you have already accrued, right?
    Good questions, Patty.

  10. #10
    Join Date
    Sep 2009
    Posts
    8

    Default Re: Discrimination

    Those of us with 20+ years lost two weeks of vacation. Those with 10 - 19 years lost one week. Those with less than 10 years lost nothing.

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