Maine Employee Rights Group Maine Employee Rights Group
  • Thank you for all your help on [AW's] case. Without you, nothing would have come from it. We will be sending people your way. We hope that we will not need your help again, but if we do you will be hearing from us.”

    - J.W., East Machias.

Example of an age discrimination case we handled

The Maine Human Rights Act and the federal Age Discrimination in Employment Act (“ADEA”) prohibit employers from discriminating against or harassing employees on the basis of age. The Maine Employee Rights Group represents employees in cases involving discrimination and harassment on the basis of age.

Our client was employed as a professional in a small firm. He was very experienced and performed his job well for years. When the owner of the firm brought in her son as a partner both the owner and her son began to make statements about their vision of the firm in the as being “young” “hip”, and “edgy”. They made frequent statements to older employees about being “too old” and being “dinosaurs”. Our client was then called in and terminated and told that it was nothing personal and that his job was being eliminated in a layoff.

Our client suspected that he had been discriminated against because of his age and retained our firm. We investigated the case further and filed Charges of Discrimination with the Maine Human Rights Commission and Equal Employment Opportunity Commission. We then filed the case in court alleging violations of the a and then filed the case in court alleging violations of the Maine Human Rights Act and ADEA. The employer denied that the owner and her son had made the statements about wanting a younger firm and referring to the older employees as “too old” and “dinosaurs” and denied that our client’s age played any role in his termination. The employer continued to argue that our client’s position had been eliminated. In discovery, Maine Employee Rights Group attorneys requested and obtained documents from the employer relating to the firm’s hiring and firing practices and uncovered evidence that other older employees had also been terminated around the same time as our client but that all younger employees had been retained. The documentation also reflected that after our client was terminated that a younger employee was hired to fill a job that had a different title but that involved almost all of the same job duties as the position that our client had held. Maine Employee Rights Group’s investigator contacted and interviewed a number of former employees who corroborated that the owner and her son had made the ageist statements in dispute. Maine Employee Rights Group attorneys also took the depositions of the owner and her son. During their depositions, these witnesses made a number of admissions and also contradicted each other’s testimony when discussing the facts leading up to our client’s termination.

Following the discovery phase of the case, the parties agreed to engage in mediation. During the mediation, the employer offered a money settlement and reference letter that were acceptable to our client and the case resolved.

Discrimination because of age is illegal and wrong. If you or someone that you know has been discriminated against on the basis of their age contact us today at 207.874.0905 as we may be able to assist you.