Age & Gender Discrimination

[anonymousinny]

What is the name of your state? NY.
I need advice on a situation I encountered several months ago with a company I have been with for 9 years. I recently resigned and am seeking new employment. I remained strong after the comments were made and tried to carry on yet I could not estinguish them from the back of my mind. After asking to be considered for an executive assistant position (currently in a senior position for 3 years) I was told by my boss in a private meeting. "You just look very young and they are looking for someone who looks older and more mature" I replied, "“I am more mature and educated than most people who are twice my age, I cannot help the fact that I may look young, I am thirty years old, these things have nothing to do with capability to perform, especially given my accomplishments”. He further said “Well it is just a harsh reality of the world that you are a young looking girl, yet half the women in the office would probably want to look like you.” I replied back “Is that supposed to be a compliment, “the world” does not think that way, people do in their perception of things and not all people think that way.”My decision was to think rationally about this for quite a while. I handled the situation without an impulsive serious reaction despite how it made me feel. A few days later I decided to discuss it with my office manager. The meeting was initially called by her to ask me a question of her own. I told her what was said to me prior to her question, asked if she said it, as well as told her how it has really upset me. She quickly replied, “No I did not say that, men say stupid things sometimes don’t let it bother you." She continued laughing “I don’t even want to talk about that let’s just hush”. Please advise. I am considering taking this further with an attorney and would like some input.

 

[ecmst12]

Discrimination on the basis of physical appearance (unrelated to race) is not illegal. Age is only a protected characteristic if you are over 40. You have not experienced anything illegal, though it may seem unfair.

 

[anonymousinny]

really? well yes, that does not seem fair for it to be only over 40. i was basically told i look to young for a job and they want someone who looks older. the woman hired in the position is in her 50's and i trained her on may basic aspects of her job that someone with her experience should know.

 

[seniorjudge]

really? well yes, that does not seem fair for it to be only over 40. i was basically told i look to young for a job and they want someone who looks older. the woman hired in the position is in her 50's and i trained her on may basic aspects of her job that someone with her experience should know.

That is definitely age and sex discrimination.


But it's not illegal.

 

[cbg]

Please note: Under Federal law, age discrimination begins at 40. If you are under 40, then under Federal law, by definition it is not age discrimination.

However, at the state level in NY, age discrimination begins at age 18.

I would, however, like to make another point. They did not fail to promote you because you ARE too young, but because you LOOK too young. Personal appearance is not protected by Federal law or by the law of any state except the District of Columbia (okay, DC is not a state but you know what I mean).

 

[anonymousinny]

thank you very much for the information. i understand better now and realize that unfortunately this is probally not anything worth pursuing.

 

[mitousmom]

I would, however, like to make another point. They did not fail to promote you because you ARE too young, but because you LOOK too young. Personal appearance is not protected by Federal law or by the law of any state except the District of Columbia (okay, DC is not a state but you know what I mean).

I'm not that familiar with New York's age discrimination law. However, I'm not sure the enforcers of the state law would make the same distinction that you are. Under federal law, an allegation that an employer didn't hire someone because he looked too black or too old (assuming that he was at least 40) would be actionable.

 

[mlane58]

I'm not that familiar with New York's age discrimination law. However, I'm not sure the enforcers of the state law would make the same distinction that you are. Under federal law, an allegation that an employer didn't hire someone because he looked too black or too old (assuming that he was at least 40) would be actionable.

Come on! where did the OP even hint that their race or being too old was the issue----here's a clue---they didn't. The OP clearly states they are 30 years old

 

[Zigner]

OP - are you saying you RESIGNED over this?

 

[mitousmom]

Come on! where did the OP even hint that their race or being too old was the issue----here's a clue---they didn't. The OP clearly states they are 30 years old

I wasn't talking about the OP. I was responding to cbg's comment.

 

[cbg]

I pointed out a potenital defense an employer might use so that the poster could be prepared for it. I'm sorry if that offends you.

 

[mitousmom]

I pointed out a potenital defense an employer might use so that the poster could be prepared for it. I'm sorry if that offends you.

I wasn't offended, just pointing out the statements could be a form of discrimination based on a protected factor, not discrimination based on appearance.

 

[Beth3]

What is the name of your state? NY.
I need advice on a situation I encountered several months ago with a company I have been with for 9 years. I recently resigned and am seeking new employment. I remained strong after the comments were made and tried to carry on yet I could not estinguish them from the back of my mind. After asking to be considered for an executive assistant position (currently in a senior position for 3 years) I was told by my boss in a private meeting. "You just look very young and they are looking for someone who looks older and more mature" I replied, "“I am more mature and educated than most people who are twice my age, I cannot help the fact that I may look young, I am thirty years old, these things have nothing to do with capability to perform, especially given my accomplishments”. He further said “Well it is just a harsh reality of the world that you are a young looking girl, yet half the women in the office would probably want to look like you.” I replied back “Is that supposed to be a compliment, “the world” does not think that way, people do in their perception of things and not all people think that way.”My decision was to think rationally about this for quite a while. I handled the situation without an impulsive serious reaction despite how it made me feel. A few days later I decided to discuss it with my office manager. The meeting was initially called by her to ask me a question of her own. I told her what was said to me prior to her question, asked if she said it, as well as told her how it has really upset me. She quickly replied, “No I did not say that, men say stupid things sometimes don’t let it bother you." She continued laughing “I don’t even want to talk about that let’s just hush”. Please advise. I am considering taking this further with an attorney and would like some input.

You're 30 years old; there's nothing to take to an attorney. If they don't want to consider you for the job because you don't look "old and mature," that's their choice as foolish a decision as that may be. (It also seems rather foolish to up and quit over this; a better decision might have been to stay on while you look for a new job.)