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Is what my employer doing legal, or is it age discrimination?

Wilmington, MA |

I have worked at the company for more than 13 years. They have begun to switch day shift employees onto the night shift and take the night shift employees and put them on our days. These night shift employees are younger and they are forcing the older employees to work the nights. They did this in another department as well, pushing all employees over 40 to quit and hiring younger employees. They are favoring the younger employees, allowing special privileges and not forcing company policy on them, however forcing it on the older employees. Is this legal?

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Attorney answers 2


If the employer's pattern is as clear as you say it is, there may be provable age discrimination. Speak to counsel right away.

This is not formal legal advice.


Massachusetts has an agency MCAD which handles discrimination cases. Changing shifts is very different than not hiring people based on age. Firing employees due to age is very different than hiring younger employees. After working with fellow employees for 13 years you build friendships, so emotions can run high when they lose their jobs, which is why hiring an attorney would be a good idea. You can thoroughly talk about what is going on and find if there is truly a case for discrimination.

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