1st Amendment and Free Speech/Discrimination

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Question
    I was wondering if it was illegal to discriminate against anyone in the work place based on their age? If so, I would like to know if I could possibly be a victim of this type of discrimination. I have applied for jobs at my place of work and not given proper consideration, and these jobs were given to lesser qualified candidates, and some of these candidates were not even in good standing in relation to company policy ie: attendance etc... I work at a yacht building facility and am 24 years, have Yacht Joinery Certification, extensive blueprint reading skills, decent writing skills, and am currently attending College for Mechanical Engineering. Some of the employees who I have been defeated by can barely read or write, inhibiting their ability to communicate effectively. I feel as if I am not expected to be knowledgeable in my field because I am so young. What do you think?

Answer
Hi Adam,

It could be age discrimination.  Unfortunately for your situation, it is also legal.  Age discrimination laws only apply to people over age 40.  The laws are designed to protect people from being too old, not too young.

Yes, it's ironic that the age discrimination law itself discriminates on the basis of age, but that is the situation.

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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