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Tuesday, May 12, 2015

Age Discrimination Claims Are Not Limited to Full-Time Employees

Did you know that part-timers enjoy the same protection from age bias as full-timers do.

In a recent case, (Coffman v. Alvin Community College, No. G-11-361, SD TX, 2015), Patricia, a part-time college instructor over age 40, taught two courses per semester. After enrollment fell, one of her courses was canceled. She sued for age bias, citing as comparators several younger instructors whose schedules hadn’t been cut.

But those younger instructors taught substantially different courses that apparently were more in demand. Patricia thus couldn’t show that they were similarly situated. As a result, she lost her case. (Coffman v. Alvin Community College, No. G-11-361, SD TX, 2015) The Court stated, "Although there is no dispute that Mrs. Coffman engaged in protected activity by filing a charge of discrimination with the EEOC, her claim fails because she cannot demonstrate that ACC's decision to abate her grievance was an adverse employment action. "

If you would like more information about this topic or have general legal questions, please feel free to contact me at (973)949-3770 or via email at plamont@peterlamontesq.com Offices in: New Jersey New York, Colorado & Puerto Rico and affiliated offices throughout the country.

© 2010-2015, Law Offices of Peter J. Lamont & Associates. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between the firm and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.
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