If an employee is still able to perform the essential functions of his or her job, age should not be a factor in job retention. A Texas woman who worked for Bank of America is claiming that her termination was the result of workplace discrimination due to her age and disability. The 60-year-old woman began working for the company in 2010 as an assistant vice president.
The woman claims that her supervisor was making negative remarks toward her regarding her age. On several occasions, her boss allegedly made comments that inferred that she could not do her job as effectively as her younger peers. She asserts that she was given more audits to do than her younger co-workers and then was disciplined for not completing everything assigned to her. In addition, according to her claims, the younger workers were not reprimanded for not finishing all of their audits.
According to her complaint, the plaintiff was told in 2011 that she had lymphoma which caused her legs to swell and made it difficult for her to walk. She lost her job approximately two years later on the premise that her supervisors were not confident in skills as a manager. The woman allegedly was never told that there were any performance issues prior to her termination. The plaintiff believes the reason that she was fired due to her age and disability. Since her termination, she has filed a claim against the company seeking monetary damages, court fees and lost income.
Texas employees who feel that their employment was terminated due to their age, disability, race or other protected status may choose to file a claim against their employers. If workplace discrimination occurred, the claimant may be awarded financial relief. In addition, the court may order the claimant to be returned to his or her former position.
Source: The Southeast Texas Record, "Bank of America accused of firing woman with lymphoma", Kelly Holleran, Oct. 27, 2014