Job repositioning or being moved from one department to another is not a new activity or one that is considered illegal in of itself. However, when that change in position is believed to be the result of age discrimination, a worker or employee in Colorado may have to resort to legal action to get back a coveted or earned position. Recently, a man filed an age discrimination suit against his city as he contends he was told he was too old to remain on the SWAT team.
The man was 57 years old at the time he resigned under duress. He had 26 years of experience and 21 years as a part of the SWAT team. The man was also decorated by the city for valor and participated in hundreds of SWAT situations, including classified missions in Iraq.
He says he was told he was too old to continue, and a chief deputy allegedly said to give him his party and let him move on. The suit says the statements were also made about the desire for a younger SWAT force with no one over 40 years old. The man is seeking a financial settlement, and he says he suffered overtime and hazard pay losses.
An age discrimination suit may be difficult to pursue, but it may be the only option for those who have been ousted or pushed out of a position for no other reason than their age. An age discrimination lawsuit can result in reinstatement of a position, financial restitution or benefits that have been lost or denied. Evidence of age discrimination can include documents, phone calls or witnesses to conversations that outline a Colorado employer's intent to fire, reassign or otherwise cause detriment to an employee based solely on age.
Source: kansas.com, "Wichita officer files age-discrimination lawsuit over removal from SWAT team", Tim Potter, July 2, 2015