Have I a case for age discrimination?

[Sharen Whitlock]

I am 48 years old and work as a waitress and bar person at a local hotel. Until three weeks ago I used to work behind the bar regularly every weekend at functions (mostly weddings). Some times for 12hours+ a day, without any proper break (five minutes for a cigarette break when able). Recently I have had hardly any bar work and obviously this has been a bit hard on the pocket. When I picked up the rota this week to find again I had no bar shifts, I went to see the person in charge to ask her why I had no bar shifts and if there was a problem. She replied yes and no and then proceeded to tell me that it was someone else's fault as he had promised the hours to other people, including the 4 young women (18) they had recently employed .
This person had approached me earlier in the day and told me that he was trying to share the available work in a more fair way; as I had already spoken to him last week about my drop in hours. I was satisfied with this answer until I saw this weeks rota. He went off to find the person who had said this. I think there was a heated discussion and he returned very stressed and upset and said he was going to do the rotas from next week. Again I was fine with this. Shortly after I went for a cigarette break. There were 2 senior staff sitting smoking, they blanked me, one remained seated and the other one went into the laundry. I told the seated one what had happened: he already knew and was very cool towards me. He said loudly and aggressively they needed more younger, part time, staff to draw customers into the bar . I pointed out that these were private functions I was talking about - an invited guest list, not the bar open to the public, I never work there. He stopped talking to me - completely; a half an hour earlier we had, I thought, been good friends. This really upset me. I returned to the bar very distraught and in tears. As hard as I tried I could not stop crying. I continued to work but felt so betrayed I just kept welling up an had to go home. No one wants a crying barmaid.
I am a very hard worker with excellent organisational, communication and interpersonal skills (I am a qualified teacher and this is my second job which I have had to take due to the death of my partner). I have given 100% for these people and turned up any time they have asked me to. I have use my own car and time to help the business out, I have even stayed on and worked for free when they have asked. I have been used and abused until someone younger and of course more attractive came along. I am no longer able to go back to this place; the senior staff are very close and closed in on me within half an hour, making it very clear by their silence that they didn't want me there. I don't know if I have a case but I feel I have been badly treated and driven out. Does anyone have any useful suggestions please.

[Pollycallin]

I have read 'War And Peace' it is shorter.

[BlueDesert]

Based on all that you have written it certainly sounds like you are being discriminated against because of your age. It sounds like you have done a good job and the younger staff is trying to close ranks and get you to leave. Since you sound like a GREAT worker I would go back to the boss one more time and see if he will openly talk to you about it.
It might be true that certain people there feel a younger bar-keep will attract a younger crowd. My experience has been that a GOOD bar-keep keeps the clientele coming back.
I'm sorry you are in this situation. If you cannot get help from the manager I would look into filing an age discrimination suit. I don't know how that works. Perhaps that will be another question for you ask here-once this has been resolved. Good luck

[Here's to You!]

I don't know about the laws where you are, but in the US you are definately a victim of age discrimination. Laws in the US protect workers over the age of 40 from what has just happen to you. Consult a lawyer for your next move.

Good luck

[Westward Wind]

According to the The Age Discrimination in Employment Act of 1967, it's unlawful for an employer to reclassify employees over 40 in such a way that it deprives them of opportunities or reduces their wage based on age. They have done both here, so they would be in violation of that act.

However, the same act also states that employers are exempt from the discrimination act if age is a "bona fide occupational qualification" for the job at hand.

If you feel age definitely is not - then get a lawyer and let the lawsuit begin.