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Age Discrimination

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MrGene

Junior Member
What is the name of your state?What is the name of your state?Illinois

My friend doesn't have access to the internet so I am posting this question for him.
He is fifty nine years old. He's worked in the same place for twenty one years. He finds himself in the unique position where technology has advanced to the point where his specific job description is no longer necessary. He works for the largest hospital in a hundred mile radius as an imaging file clerk. During his time in the department he has done every conceivable duty possible, from clerking, admissions, scheduling, to patient transport and even worked directly with x-rays, catscans, and MRI's. He has the most seniority of anyone, ANYONE, including his supervisors, within entire department.
Recently a new digitalized filing system was purchased by the hospital and all physical files will be kept in a warehouse offsite. Records will be accessed via the new digitizer. Translation; No file clerk needed. He was handed a book listing all job openings within the entire hospital network. The list contained pages and pages of literally hundreds of jobs from housekeeping to dishwashing to physician and administrative positions. He was told to find a job he was qualified for and assured that they would do everything in their power to get him the job. They gave him six months. Since that time he has applied for jobs but nobody seems to want to hire the old dog over the younger bucks who are coming in applying for the same positions. In defense of the Human Resources department, they have included typed up recommendations from themselves, but its been to no avail. No other departments seem to want to hire a man who is older, unhealthy, (he's had cancer and recently recovered) and attempt to teach him new tricks. Of course, they never list this as an official reason for not hiring him in other departments, but its very obvious that this is the situation.
So here's the question; Should they not have simply told a newer employee who has been in the department less than a few months to apply for these jobs instead of him? They have done this in the past with other departments and seniority has always been the key. Their way around it with him is that they are defining his job as the only job within the department with its specific job description and title. Even though he is qualified AND experienced in virtually every other position within his department they have insisted that he, not a newer employee, be the one who is forced to apply for a new position, be trained, go through six months orientation and probation, and pray the entire time that he not mess up and not make it through the probation time. If he simply moves up to the admitting desk none of these stressful situations would occur. He'd simply be changing job titles within the same department.
So, in short, they've handled it differently with other employees, but will get around it by saying he is the only one with his job title. He has literally decades of experience more than anyone else in the department, but this is not a factor in him keeping his job.
He is very depressed and has even discussed suicide with me. Anyway, any legal advice would be appreciated.
Thanks in advance.
A concerned friend.
 


cbg

I'm a Northern Girl
First of all, if he's talking about suicide your first call should have been to a mental health facility of some sort, not a post on a legal message board. I hope it was.

Secondly, it sounds as if his job was legitimately eliminated so there's no issue there.

Finally, without knowing what the qualifications of the younger employees are, there's no way to tell if the company is handling this correctly or not. Six months to find another job within the company is a great deal more than many employers would have given him. They could quite legally have fired him outright when his position was eliminated. We are in a market where no matter how qualified and experienced someone is, it's almost a given that someone else, or several someone elses, are going to be equally or more qualified. Unless he has a bona fide contract that says otherwise, he is not guaranteed a job.

He should not be limiting his search to within the original hospital. I hope he is looking for jobs elsewhere as well. If not, why not?

If he has a valid reason for believing that he is not being hired for the new positions SOLELY because of his age, he should contact the EEOC. Otherwise, he needs to step up his search and look outside the ranks of the familiar.
 

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