Woman Sues for Age Discrimination, Replaced By a Younger Inexperienced Worker

According to Reuters, a California federal judge has ruled that a woman who claims she was constructively discharged after working for New York Life Insurance Co. for forty years can pursue her age discrimination lawsuit against the company. The judge said Barbara Hoey presented enough evidence of age discrimination in the form of her supervisor’s age-related comments, changing vacation schedules to disproportionately affect older workers, and the fact that she was replaced with a younger employee with less experience while she was on medical leave.

Hoey began working for the company around the age 18 and left her job at age 58, where she held the position of assistant office manager. She has consistently received good performance reviews but a problem arose in 2006 when her former supervisor retired and was replaced by Rick Skinner. Skinner made changes in the office and Hoey accused him of trying to force her out of the company. Hoey accused Skinner of causing her less than good performance evaluation and that the stress of dealing with his irate and enraged demeanor caused her to take medical leave in January 2008. While she was on medical leave, Skinner replaced Hoey with a woman who had worked for the company for only six years.

Kesluk, Silverstein & Jacob – Los Angeles employment attorney

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