Was this Discrimination?

[ElmStreetPlaza]

My company cut down on the staff and I am in need of a job real bad. I waited tables when I was in college so I decided to apply at a few restaurants in my area which is Chicago. I had breakfast at a place this morning and I know that they are in need of servers because the waitress told me that they were hiring. Our table was right by the hiring managers table and I overhead her talking to our waitress about me. She said that I looked like I was in my forties and that she had a younger clientele from the college that was near by. She then told the waitress that she was going to tell me that they had already hired the people that they needed. On the way out I tore my application and resume up and left them in a pile on the table. Was that age discrimination? :shrug:

Anyone know of a decent restaurant that is hiring in Chicago?

[Deep13]

1. Ask a lawyer.

I mean one besides me.

[zanana1]

4. What good would that do? nt

[Deep13]

7. That's another question he or she might answer. nt

[suninvited]

2. why do restaraunts think that having a younger clientele

means they have to have younger waitresses? When I go into a restaraunt to eat, I just dont care how old my wait person is.

Age is a protected class. Yes, it is discrimination. It happens all the time, but rarely do the people being discriminated against get to hear the actual explanation.

[zanana1]

3. It was definitely age discrimination.

You heard the hiring manager actually say that she would rather hire college age kids than you. What more proof do you need?

[Deep13]

8. "I never said that. Besides, she never even submitted an application...

...so I didn't have a chance to discriminate even if I wanted to."

[zanana1]

9. I know that legally, she doesn't have a case.

But age discrimination it was.

[Deep13]

14. I can't say that she doesn't have a case....

It's just not a slam dunk.

[femmocrat]

5. Probably, but try to prove it.

I had a rock-solid case and the employer lied. There is a huge backlog of these cases. If you want to pursue it, check with your state or federal EEOC.

Just one article, found on Google: http://www.newsweek.com/2010/03/16/keep-young-and-beautiful-especially-at-work.html

[MajorChode]

6. This is the best response so far

Federal age discrimination laws start at age 40 and above, but are particularly hard to prove, especially with the recent Roberts court ruling. On a case of an applicant to a job, the chances are somewhere between extremely remote and a snowball's chance in hell.

[Curmudgeoness]

10. Phew, this is hard to believe. Hard to believe they would talk

about you within your hearing. It is age discrimination, and it is not possible to prove---and they know it. At 56, I live in abject fear of losing my job, because this is so common. I guess that it is still ok to discriminate against some groups of people.

[ElmStreetPlaza]

12. The Tip

My sister didn't want me to leave a tip because the waitress was talking about my age. I left her 22% and it's the first time that I wanted to go back and take the tip back.

[Curmudgeoness]

20. Can't blame you. But was it the waitress or the manager

who seemed to have a problem with your age? Seemed that the manager was the one saying she was trying to attract a younger crowd. But if you felt the waitress was involved, you should have left pennies equalling your age with a note explaining it.

Hope you have better luck somewhere else. You didn't want to work for that manager anyways!

[The Velveteen Ocelot]

11. Hell, yes.

The Age Discrimination in Employment Act covers anyone who is age 40 or older. More here: http://www.eeoc.gov/facts/age.html

[pitohui]

13. of course it's age discrimination

once you're 45 nobody wants you, not just restaurants, nobody wants you on their insurance plan if they have benefits

i don't know what to tell you, haven't worked in years

[AngryAmish]

15. The Illinois Human Rights Commission and Chicago Commission on Human Relations

Free.

Ask a lawyer, the Chicago Bar Association has a free lawyer referral service (I know, I'm in it. I don't do discrimination, tho). You can talk to a lawyer for free.

But the Illinois and Chicago Human rights folks are the way to go. You can be your own lawyer, too!

[david13]

16. I can only tell you, you need to get used to it. Because it is

everywhere in american society. Youth is worshipped, and age is disrespected.
Very common here.
dc

[HEyHEY]

17. I'm always amazed at the one-sidedness of age discrimination allegations

When I was in my early 20s it was perfectly acceptable for people to tell me they wanted an older person. Shit, I remember when I was 19 some woman trying to not allow me into a 7-11 cause the local high school students were on lunch and I looked like one of them and onyl a few were allowed in the store at a time.

Not saying you deserved this treatement, frankly if they're catering university students they should be grabbing people you as, in my experience, uni kids dig an older person waiting as long as they will talk to them.

[dembotoz]

18. what ever you do i would make damn sure i never went into that place again

take you and your old money somewhere else

and i would tell my friends too.

crap like this need to

be Punnished.

[SwampG8r]

19. in the restaurant biz since 1976

she needs to apply for a mgmnt position with a corporate
i rec darden group or landry
if you are reliable and smart in this business we need you in charge