Should I file a lawsuit for age discrimination and retaliation?

[Nurse Beth, MSN]

Dear Don't Know What to Do,

While you are understandably frustrated, don't rush into filing a lawsuit. Taking legal action is a drastic step, causing you prolonged turmoil and stress and potentially ending any future with the organization, not to mention legal fees. 

Explore internal resolution

Before considering legal action,  explore all internal resolution options. Internal resolution starts with improving communication with your manager and can progress to requesting a meeting with higher-level management or escalating the issue within your organization. 

• Hold your manager accountable. When she makes verbal promises, follow up with an email. "Thank you for meeting with me about my application. To clarify, I will do (such and such) by (date) to meet the requirements for Clinical Ladder 3. Is that correct?" 
• If your manager says you do not show emotional intelligence, ask her, "I would like to increase my emotional intelligence. What specifically would look different in my performance?" The actions should be actionable and measurable.
• There are two sides to every story. Did your manager say you are too young to go up the ladder? Or is that your inference? If she said that, it is discriminatory.
• Review company policies. Ensure you clearly understand the policy on Clinical Ladder advancement and the policies regarding promotions, discrimination, and grievance procedures. 
• Consult with your union rep if you have a union.
• Talk with your unit educator about clinical ladder advancement. Your educator should be able to guide you through the application process. If you meet the criteria, there is no reason to deny your application.
• Find out if there is a clinical ladder approval committee. If there is, typically, they will tell you what improvements to make on your application and give you a time period to make them.
• Consider HR. HR is responsible for addressing workplace issues and can mediate or investigate the situation. However, it's essential to keep in mind that HR typically supports management, and there's a risk of increased hostility and retaliation. To make your case, prepare thoroughly and present your concerns with facts. Provide them with your documentation and clearly describe the issues you've been facing.

Legal action

I'm generally not in favor of taking legal action. If you believe you're facing workplace discrimination and retaliation, it's essential to consider your options carefully.

• Document everything. Keep a detailed record of all relevant interactions, including emails, conversations, and incidents that may demonstrate discrimination or retaliation. A clear record of the events (with dates) will be valuable if you decide to take further action.
• Seek legal advice. If HR does not adequately address your concerns or if you believe your situation warrants further action, consult with an employment attorney. They can provide advice on the specific legal aspects of your case and guide you on whether pursuing legal action is a viable option.

Remember that age discrimination and retaliation claims can be legally complex, so it's crucial to seek legal counsel to understand your rights and options thoroughly. Deciding whether to file a lawsuit is a significant step, and an attorney can help you evaluate the strength of your case and the potential outcomes.

While pursuing your case, try to maintain professionalism in the workplace and focus on your job performance. It's essential to balance your pursuit of justice with your career and well-being.

Finally, it may be time to consider leaving if your manager doesn't promote you and stonewalls you. Being stuck in an adversarial relationship with your manager is unhealthy for you. 

Best wishes,

Nurse Beth

[brandy1017, ASN, RN]

Since you have a MA's I would apply elsewhere, either in your hospital or another.  I think you are wasting your time with this manager.  Age discrimination lawsuits are usually about older people and the Supreme Court made it very difficult if not impossible to win unless you have a literal smoking gun of proof that it is the sole reason.

You may have a camaraderie with coworkers and feel they are your friends, but if you are staying for that reason it is holding you back from your potential.  Most friendships don't survive once you leave an employer, but now with facebook and social media you can still keep in touch.  I would post your resume on Linked In and look for a job commensurate with your MA's degree.

Not sure if your promotion is for such a job or just for climbing the clinical ladder.  Regardless your manager is just making excuses and wasting your time and from the minute she chose favorites, someone less qualified than you, the writing was on the wall to look elsewhere.  Apply all the projects you did toward your next job promotion during the job interviews that would be the best investment of your time and energy!  Stop doing extra for this manager she is just taking advantage of you in my opinion. 

 

[JKL33]

It's worth reviewing in your own mind whether there is any truth to her stated concerns regarding immaturity and lack of emotional intelligence (and/or whatever other criticisms she had, especially qualities related to professionalism). It may be that she is just unfair, playing favorites and overall a difficult person to deal with. But sometimes there is some truth to the stated criticisms so it's in our own best interest to do some introspection to see if that might be the case.

Sometimes, not necessarily in your case (I wouldn't know), a person can't advance because others really do believe they don't demonstrate qualities necessary/desired for the role they seek and these, and many times said qualities are more related to professionalism than skill/capability.

If you are known for excellence as far as both nursing skills/patient care and professionalism and your manager is really just gatekeeping and playing favorites then it's time to look elsewhere.

Good luck ~

[brandy1017, ASN, RN]

JKL33 said:

It's worth reviewing in your own mind whether there is any truth to her stated concerns regarding immaturity and lack of emotional intelligence (and/or whatever other criticisms she had, especially qualities related to professionalism). It may be that she is just unfair, playing favorites and overall a difficult person to deal with. But sometimes there is some truth to the stated criticisms so it's in our own best interest to do some introspection to see if that might be the case.

Sometimes, not necessarily in your case (I wouldn't know), a person can't advance because others really do believe they don't demonstrate qualities necessary/desired for the role they seek and these, and many times said qualities are more related to professionalism than skill/capability.

If you are known for excellence as far as both nursing skills/patient care and professionalism and your manager is really just gatekeeping and playing favorites then it's time to look elsewhere.

Good luck ~

The OP stated, "I have met the criteria for promotion and worked in the unit for 6 years, have done a lot of projects, precepted and led a committee, and have a master's degree. While my manager's new friend (less than a year) in the unit immediately got promoted before me.

My manager has discriminated against me because of my age, said I'm too young and immature to go up the ladder, and said I don't have emotional intelligence and am not famous, unlike the friend. I applied 7 months ago, and a month after I applied, she denied my application and said those things.

And then, after a month, she said I will promote you if you do these, so I did what she asked. And then, this month, she told me I had to reapply because my form was wrong, and I asked her to show me the correct form. She showed it to me, and it was the same form I used. So she told me I should put more on my application, which I did and submitted again this month.

I emailed her my application and gave her a paper copy with my 15 additional achievements in our unit in one year. Now, she told me to let me review your application." 

 

The OP's actions are not one of someone immature or unprofessional.  She has worked there for 6 years, got her MA, jumped thru lots of hoops, precepts, heads a committee and done multiple projects.  She said her manager said she was too young and immature to climb the ladder that is ridiculous!  If she started at 22 she'd be 28 by now, many nurses peace out their first year, yet she's dedicated 6 years of her life to this place.  Then in response to her manager's ridiculous complaints she persevered, redid the forms, added 15 more accomplishments.  I really don't know what more she could do.

I do agree she should have some introspection about the situation, but since I don't think she is too young, immature or unprofessional, my thoughts would be does the manager dislike her personally vs favoritism vs unfair rumors from a clique that could be slandering her vs simple economics.  The fact is managers get rewarded with lucrative bonuses for keeping the budget low and that is one of reasons for short staffing and mediocre raises.  If she actually said she was too young and not famous all the more reason to leave and move on. 

The only positive I can say for the manager is that she responded in a month.  I've known this to drag on for months and once oh we lost your portfolio, not to me personally, but it's happened to coworkers who didn't have a backup, and it was definitely about the budget!  This happened right after Ascension took over. So, keep a copy of your clinical ladder portfolio for safekeeping and for future job interviews!

Regardless of why the manager is dragging her feet, I would advise her to look elsewhere for a better job and pay raise!  Enough is enough don't keep jumping thru her hoops anymore!

 

[brandy1017, ASN, RN]

One last thought re this clinical ladder nonsense.  While I don't think it applies to the OP's situation since another person a favorite was promoted ahead of her, it reminded me of the original clinical ladder roll out at my hospital.  I had forgotten about it till now.  The CNO was trying for magnet so pushed out the ladder and everybody had to do it.

We all started at Level II and needed to make a fancy portfolio, complete with a resume, I kid you not!  The joke was they did NOT give us a raise for this, we were just grandfathered in.  But oh if we jumped thru the hoops to be a Level III or IV then we could get a one-time 4% raise, but it came with a demotion clause if you didn't maintain all the requirements every year thereafter!  And since we were professionals, we were to do this on our own time, unpaid even though we were union! 

Obviously, I declined to climb the ladder!  It amazes me how they can call us a professional and give a raise with one hand and threaten to take it away with the other and over the years they did just that to several people that I knew!  The whole thing was unbelievable!  Some people quit over it and took their resume elsewhere LOL.

Anyway, we had a new educator who just got her MA and was a perfectionist and would nit-pick everyone's portfolio and return it to them with stickies of things she wanted changed.  Mind you this was a personal memoir so I don't see how she could object to their life story in the first place.  And as far as I know everyone except me jumped thru her hoops and did what she wanted.  Stubborn person that I am, I was already ****** about the whole thing and the lack of a raise for the ** so when I saw the stupid stickies which were pointless, I just ripped them out and handed it back to her unchanged!  She had no idea! LOL And she handed it back to me with new stickies for different ideas of what she felt should be changed again, but it passed.  

In this case though it was r/t perfectionism or power tripping of this educator in my opinion as she did it to everyone across the board.   It came back to bite her though when she wanted to work as an NP for a cardiac surgeon and he heard of her behavior toward the nurses, so he soundly rejected her!  

The OP could ask her coworkers their experience getting approved climbing the ladder but I still think she should just look for another job as she's put up with too much crap and disrespect already!  I almost wonder if her boss is trying to get her to quit with all these denials and excuses to not give her the promotion.  But then again it could just be to get more free work out of her regarding projects, committees, and preceptoring new grads!  

I'd like to suggest to the OP that she think about how to better use her MA for another job where she isn't expected to do all this extra work on top of her scheduled hours!  Life is about more than work and it goes by fast!  Don't spend all your time on work!  Better to spend time with friends, family and enjoying travel, hobbies, etc!

[JKL33]

brandy1017 said:

The OP's actions are not one of someone immature or unprofessional. 

I added my comment basically because it's possible to do all those things and still not be...?likeable/easy to work with/someone who others are eager to support and promote.

And I am not saying that is the situation. Just that it's worth introspection. Our perceptions of ourselves and others can be skewed.

We all already know that there are plenty of people in nursing leadership who are not leaders and who are unprofessional and display myriad other character problems, and this manager may be one of them.

This poster likely needs a new job cause this is a dead end one way or another. No shame in taking stock regarding whether or not one wants to do anything different on the next go-round.

I'm not advising anything I haven't done myself. I think it's a very valuable experience. ??

[TeaCea]

Introspection and self-reflection can do wonders....