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10:51 p.m. • 2-12-12

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Attorneys On Call

From overtime to unemployment, attorneys with the North Carolina Bar Association's Labor and Employment Section answer your questions on workplace issues.

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I believe I was discriminated against because of my age and personal appearance. What can I do?
Question: I worked for a company for 2yrs.When it was sold I was fired citing that
i was not the kind of mngr that they needed. I am older than their other
and employees and I am overweight compared to their other staff members.
I beleive I was discriminated against due to my age and personal
appearance. There had been no problem with my work performance before
owner ship change and I only worked for the new owners for two weeks.
What if any recourse do I have in this situation?

Answer:  Employers cannot discriminate on the basis of age. Depending on what specifically about your personal appearance is at issue, in some cases employers can discriminate on the basis of appearance - they cannot, for example discriminate on the basis of your skin color, but they could discriminate on the basis of your weight in most cases.

If you believe you have been discriminated against, and your employer has 15 or more employees then you should contact the EEOC. Their number is 1-800-669-4000, or check out www.eeoc.gov for more information. Note you must file a claim within 180 days of the termination, therefore do not delay in contacting them.

If your employer has fewer than 15 employees, you might still have a claim under state law. Call the NC Lawyers' Referral Service if you need help finding an attorney to handle your case. Their number is 1-800-662-7660.
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