Dear Evil HR Lady,
I work part time and I’m 62. I suspect both bother my manager. On a few occasions he’s made ageist remarks such as saying to colleagues thinking I’m out of earshot ‘looks like Steve forgot his Grecian Formula this morning’ and during a recent (one on one) professional development meeting ‘when are you going to retire?’ And ‘are you looking for other jobs?’
Should I complain to HR? Or to his boss? To him? Or let it ride?
To read the answer click here: Is this age discrimination?
“You’re right, Dave, I better pick some up when I go to pick up your sippy cups and diapers.”
*snicker* Don’t you wish you could do this sometimes?
Yes, but that would be very, very bad.
Although, if someone is just joking it might actually work.
I know someone who was repeatedly asked when she was going to retire. When she didn’t retire on her own, they found a way to fire her. I thought of her immediately when I read this. I think Steve’s manager wants him out too. If I were Steve I would march straight to HR, file a complaint and get this documented. I’d be curious to know how old his manager is.
The problem here is that the age thing is confounded by the part time thing. Lots of managers just hate having part time staff. Wanting to get rid of someone because he’s part time is perfectly legal.
Asking a person over 40 when, or if, they are going to retire, may not be strictly illegal; just as asking a woman if she has any kids is not strictly illegal. However, what that question implies, and the effect of the question, can be considered discriminatory. Outside of certain very high level executives, it’s still illegal to force someone to retire. Asking someone, especially repeatedly, can, and has, been seen as part and parcel of forcing them to do so. This manager is more than likely just stupid and does not understand the implications of his actions. Reporting this to HR will ensure a discussion is had with the manager so he does understand.
Stupid is always a clear possibility!