An employee sues for discrimination because of his age in terms of a one-day assignment. He is the right person for the assignment but the customer said they want someone younger. The employer accommodates the customer’s discriminatory preference.
The one-day assignment is not a big deal. It is not critical to the employee’s current job or relevant to potential advancement. There is no tangible loss to the employee. So, no claim, right?
Not necessarily, at least not according to Chambers v. District of Columbia, a recent decision from the powerful US Court of Appeals for the District of Columbia.
Title VII of the Civil Rights Act of 1964 makes it unlawful “to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex or national origin.”
There is comparable language with regard to terms, conditions, or privileges of employment under the Age Discrimination in Employment Act (ADEA), which protects individuals age 40 and older, and the Americans with Disabilities...
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