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To Tngoose2

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cbg

I'm a Northern Girl
You locked your thread before I could respond.

Since your mother's employer has over 15 employees, the ADEA applies, and the ADEA prohibits mandatory retirements except in very limited circumstances which do not apply here. With all due respect to commentator, the fact that the employer is a not-for-profit has no relevance in this case. Again, with limited exceptions that do not apply here, not-for-profits are subject to the same employment laws as for-profits.

She is right, however, that she needs to be in touch with the EEOC for any help at the Federal level.

The Age Discrimination in Employment Act of 1967
 


tngoose2

Junior Member
You locked your thread before I could respond.

Since your mother's employer has over 15 employees, the ADEA applies, and the ADEA prohibits mandatory retirements except in very limited circumstances which do not apply here. With all due respect to commentator, the fact that the employer is a not-for-profit has no relevance in this case. Again, with limited exceptions that do not apply here, not-for-profits are subject to the same employment laws as for-profits.

She is right, however, that she needs to be in touch with the EEOC for any help at the Federal level.

The Age Discrimination in Employment Act of 1967
Thank you so much cbg. I didn't mean to "lock" the thread. I will read the ADEA for further information. In your opinion, how should my mother approach her employer regarding this; by letter quoting ADEA, face to face, or hire a lawyer? Is it even plausible for her to try and tackle this issue on her own? She is a pretty feisty, independent lady.
 

tngoose2

Junior Member
What kind of a relationship does she have with the employer?
The Minister of Administration, who verbally gave her the walking papers, is detached from this part of the ministry of the church. They exchange pleasantries when they run into each other inside and outside of the establishment. My mother knows the minister better than he knows her.

I was reading the ADEA when you replied, specifically looking for not-for-profit language. Didn't find it. Will keep looking.
 

cbg

I'm a Northern Girl
You won't find not-for-profit language. That's the whole point. Not-for-profit is irrelevant. The law is the same regardless.

I think most employers would prefer to have an employee go to them directly, rather than make their first response through an attorney. As long as she is not on out and out bad terms with them, I would think she should try to discuss it with them directly first. She can always bring in a lawyer later.

But there's no one right answer. She should do what seems right to her.
 

tngoose2

Junior Member
You won't find not-for-profit language. That's the whole point. Not-for-profit is irrelevant. The law is the same regardless.

I think most employers would prefer to have an employee go to them directly, rather than make their first response through an attorney. As long as she is not on out and out bad terms with them, I would think she should try to discuss it with them directly first. She can always bring in a lawyer later.

But there's no one right answer. She should do what seems right to her.
I agree cbg. Thank you for all of your very relevant responses to my questions. You have been a HUGE help. I will convey all of this to my mother so she can make a more knowledgeable decision on how to go forward.
 

commentator

Senior Member
I stand corrected. I was basing all my information on unemployment related issues, where non-profits to a large extent, get to slide under and get by with a lot. But frankly, let me give the OP a word of caution here. I suspect that if she mentions this issue to the minister, before getting it lined up with EEOC and having it very clearly established, they are going to treat her terribly.

I have seen people almost removed from membership for filing for unemployment against a church run business. I would hope this was not the case, but it sounds as though this bird has already had some bad h.r. related ideas with which he thinks he'll save some money or something,(or maybe his daughter in law wants a job) and if now she comes to him and tells him he's in violation of EEOC and that he cannot force mandatory retirements on his staff at the day care.....he's going to blow up.

If I were she, I think I might go over his head to get some clearer documentation of how this would be looked at, and then approach him. Or involve other members that she feels would be more understanding.

I hope this all doesn't happen, but from what I've seen, kick a religious in the pocketbook, suggest they obey something that's a civil law, (from that evil old government!) and they can really get ugly!
 

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