Do I have an age discrimination case if the person who replaced me is over 40?
Forcing out an older worker to hire a younger worker is illegal.
I recently lost my job in a layoff. About 15 people were laid off, but I'm the only one who was replaced. (The other jobs were eliminated in a downsizing.) For the last couple of years, my manager has made a bunch of comments about my age (68). He kept asking me when I was going to retire, telling me I was taking a job away from a young person with a family to support, and saying that he wanted to bring some "fresh ideas" and "new blood" to our department. Now, just a week after I lost my job and was told it had been eliminated, he has hired a 42-year-old to replace me. I know that the age discrimination laws protect employees over the age of 40. Is it age discrimination to replace me with a younger person, even if he is also over the age of 40?