Has anyone ever encountered the objection to being promoted based on number of years out of law school vs meritocracy ie only those that are X number of years out of school get to be Senior Counsel , AGC, DGC etc? If so, isn’t that an indirect form of age discrimination? Or is this acceptable behavior because law seniority is different and special from all other professions?

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It’s pretty typical to have a qualification of x YOE for a role. But that has nothing to do with age. Plenty of people go to law school at all different ages. Years practicing law doesn’t dictate a certain age.

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I don’t know how the legal arguments work, but I know that my fairly large company (20,000 employees) with a moderately sized legal department (40 lawyers) uses seniority as a criteria used to distinguish between corporate counsel and senior counsel.

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Seniority within an organization and experience are not equivalents for age for purposes of employment discrimination.

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That’s a big thing I ask about when interviewing. I won’t accept a position somewhere that requires “x” YOE for the next position. I mean, I understand there’s a difference between 1 and 5 YOE, but after 4-5 years, I think the skill of an individual should be what’s considered, including soft skills like executive presence, presentation abilities, etc.

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Also keep in mind that promoting people without requisite YOE can lead to discrimination claims by OTHER employees. Even when there’s merit, businesses have to stick to their pay bands sometimes to avoid favoritism and discrimination claims.

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I feel your pain on this. My exact position at other companies is titled Head of, Director, AGC. But because of my YOE the GC isn’t promoting me. This has been said explicitly.

Years of experience are not age discrimination, and it’s fairly common for companies to be specific on the bands of experience required for certain levels within their organization.

Yes. Always required managers to fight to get me promotions despite age/years since passing bar.

The law doesn’t care if younger people are discriminated against based on their inexperience.

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