Allegations of unequal treatment based on seniority and age within the workforce have, on occasion, resulted in legal challenges against the prominent home improvement retailer. Such legal actions generally involve claims that employment decisions, including hiring, promotion, termination, or compensation, were influenced by the age of the employee or applicant, rather than legitimate, non-discriminatory factors. For example, a long-term employee might claim they were passed over for a promotion in favor of a younger, less experienced candidate due to age-related bias.
The significance of addressing these claims lies in upholding principles of fair employment practices and ensuring equal opportunities for individuals regardless of their age. Historically, age discrimination in the workplace has been a recurring concern, prompting legislative measures to protect older workers from biased treatment. Successfully navigating these legal challenges can help reinforce a company’s commitment to diversity and inclusion, and foster a more equitable working environment.
The following sections will delve into the specifics of these legal matters, exploring the types of claims commonly made, the legal standards applied in evaluating such cases, and the potential outcomes for both the plaintiffs and the defendant company. Analysis of relevant case studies and legal precedents will further illuminate the complexities of these legal actions.
1. Hiring practices scrutiny
Hiring practices form a critical juncture where potential age discrimination can manifest, thus becoming a focal point in legal challenges against the home improvement retailer. A plaintiff alleging discriminatory practices often scrutinizes the company’s recruitment, interview, and selection processes, seeking to demonstrate a pattern or practice of favoring younger candidates over older, more experienced applicants. This scrutiny may involve analyzing application data, reviewing interview notes, and comparing the qualifications of successful and unsuccessful candidates to identify statistical anomalies or subjective biases suggesting age played a determining factor. The absence of objective, job-related criteria in the hiring process strengthens the argument that age may have been a contributing factor in adverse hiring decisions. For instance, an applicant with decades of relevant experience may be rejected in favor of a younger candidate with less experience, raising questions about the legitimacy of the hiring decision.
Examining the demographic composition of newly hired employees, particularly within specific departments or job roles, can provide further evidence of potential disparate impact. If a pattern emerges showing a disproportionate number of younger individuals being hired despite the availability of qualified older applicants, it strengthens the plaintiff’s claim. The thoroughness of documentation during the hiring process is also pivotal; a lack of transparent record-keeping can be interpreted as an attempt to conceal potentially discriminatory practices. Conversely, well-documented, objective, and job-related selection criteria provide a stronger defense against accusations of unequal treatment. Legal discovery processes enable access to internal communications, further allowing examination of hiring managers’ attitudes and any potential biases expressed during the selection process.
In summary, meticulous scrutiny of hiring practices is a cornerstone in claims of age-based discrimination. By identifying procedural flaws, statistical disparities, or subjective biases in the selection process, plaintiffs can build a compelling case against a company. Understanding the importance of objective criteria, transparent documentation, and unbiased decision-making in hiring is crucial for companies aiming to avoid legal challenges and promote a fair and inclusive work environment. Addressing these potential issues proactively is vital for fostering a culture of equal opportunity, mitigating the risk of costly litigation, and demonstrating a commitment to fair employment practices.
2. Promotion denial allegations
Denials of promotion form a significant component in claims of age-based discrimination directed against large retailers, including The Home Depot. These allegations often arise when older employees with extensive experience and satisfactory performance records are repeatedly passed over for promotions in favor of younger colleagues, sometimes with less experience or a shorter tenure at the company. The core issue is whether age was a determining factor in these decisions, overriding legitimate, non-discriminatory qualifications. A causal connection is asserted: the employee’s age is alleged to have directly led to the denial of a promotion opportunity. If such a connection can be substantiated through evidence, it strengthens the claim of age discrimination and can be a central element in a lawsuit.
The importance of promotion denial allegations stems from the fact that promotions are often tied to increased compensation, responsibility, and career advancement. When older workers are unfairly denied these opportunities due to age, it can have a profound impact on their earnings potential and overall career trajectory. Real-life examples may include instances where a long-term sales associate is consistently overlooked for management positions, despite consistently meeting or exceeding sales targets. The employer may cite subjective reasons, such as “lack of leadership potential” or “not a good fit,” but if these reasons appear pretextual and age is deemed a motivating factor, it can lead to legal action. The practical significance of understanding this connection lies in identifying potential patterns of age discrimination within an organization and implementing corrective measures to ensure fair promotion practices.
Successfully litigating promotion denial allegations requires demonstrating that the employee was qualified for the position, that the employee was denied the promotion, and that the position was ultimately filled by someone substantially younger or of a different protected group. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for the denial. If the employer’s reason is deemed to be pretextual, a court may infer that age discrimination was the true reason for the adverse action. Challenges in these cases often involve gathering sufficient evidence to prove discriminatory intent, as employers are rarely explicit about age being a factor. However, statistical evidence, anecdotal evidence, and inconsistencies in the employer’s stated reasons can all contribute to a successful claim. Ultimately, the connection between promotion denial allegations and age discrimination lawsuits highlights the importance of fair and transparent promotion processes that are based on objective, job-related criteria, not on age-related stereotypes or biases.
3. Termination justification review
Termination justification review stands as a critical component in evaluating the validity of claims alleging age-based discrimination within the context of legal actions against employers. The central question revolves around whether the stated reasons for an employee’s termination are legitimate and non-discriminatory, or whether they serve as a pretext to mask underlying age bias. A meticulous examination of the justifications offered for terminating an older employee is thus crucial in determining the merits of a potential lawsuit.
The importance of reviewing termination justifications arises from the potential for employers to use ostensibly neutral reasons, such as performance issues or restructuring, to mask discriminatory motives. For instance, an older employee with a long and previously unblemished record may suddenly face increased scrutiny and negative performance evaluations leading up to termination. If these evaluations deviate significantly from past assessments and the employee is replaced by a younger, less experienced individual, suspicion of age discrimination is heightened. Real-world examples include cases where older employees are terminated shortly before becoming eligible for retirement benefits, raising questions about the timing and motivation behind the termination. The practical significance lies in understanding how seemingly valid reasons for termination can be challenged and proven to be pretextual in court, thereby strengthening a plaintiff’s case.
A thorough review involves scrutinizing the employer’s documentation, including performance evaluations, disciplinary records, and termination letters. Discrepancies between the stated reasons and the employee’s actual performance, inconsistencies in the application of company policies, and evidence of age-related comments or stereotypes can all undermine the employer’s defense. Expert testimony from labor economists or industrial psychologists may be used to analyze performance data and identify patterns of disparate treatment. Successfully challenging termination justifications requires demonstrating that the employer’s stated reasons are either false or insufficient to warrant termination, and that age was a determining factor in the decision. The challenges in proving pretext are considerable, as employers are often careful to avoid explicit statements of age bias. However, a well-documented and carefully analyzed case can reveal underlying discriminatory motives, leading to a favorable outcome for the plaintiff and reinforcing the importance of fair and unbiased termination practices.
4. Compensation disparities analysis
Compensation disparities analysis is a critical component in evaluating potential claims of age-based discrimination within legal actions. This analysis examines whether older employees receive equitable compensation compared to their younger counterparts, considering factors such as experience, performance, and job responsibilities. Disparities can indicate bias and may form the basis of a legal challenge.
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Comparative Wage Analysis
This aspect involves comparing the wages and salaries of older employees to those of similarly situated younger employees. If older employees consistently earn less than their younger colleagues despite having comparable experience and performance records, it may suggest age-related bias. Statistical methods are often employed to control for factors like tenure, education, and job title to isolate the effect of age on compensation. For example, an older sales associate with 15 years of experience might earn significantly less than a younger associate with 5 years of experience, even if both have similar sales numbers.
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Benefit Discrepancies
Compensation includes not only wages but also benefits such as health insurance, retirement plans, and paid time off. Disparities in these benefits can also be indicative of age discrimination. For instance, older employees might be denied access to certain retirement plans or offered less favorable health insurance options compared to younger employees. These discrepancies can have a substantial impact on an employee’s overall compensation package and retirement security.
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Promotion and Advancement Opportunities
Lack of promotion and advancement opportunities for older employees can indirectly affect their compensation over time. If older employees are consistently passed over for promotions in favor of younger colleagues, their earnings potential is limited, leading to long-term compensation disparities. This can occur even if base salaries are initially comparable, as promotions often come with significant pay increases and additional benefits. The inability to advance can create a widening compensation gap between older and younger employees over the course of their careers.
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Performance Evaluation Bias
Subjective performance evaluations can be a source of bias that affects compensation decisions. If older employees consistently receive lower performance ratings than their younger counterparts, even when their actual performance is comparable, it can lead to lower pay increases, smaller bonuses, and fewer opportunities for advancement. This bias can be subtle but pervasive, as evaluators may unconsciously favor younger employees due to stereotypes or assumptions about their productivity and potential.
Analyzing compensation disparities within the context of potential discrimination cases involves a thorough examination of wage data, benefit plans, promotion records, and performance evaluations. These analyses are critical in determining whether age plays a role in compensation decisions, and they can provide substantial evidence in support of a claim of age-based discrimination. Successfully demonstrating compensation disparities requires isolating the effect of age from other legitimate factors that influence pay, using statistical analysis and expert testimony where necessary. Such actions, in turn, enforce laws designed to protect older workers from biased treatment.
5. Disparate impact evidence
In the context of “home depot lawsuit age discrimination,” disparate impact evidence plays a crucial role in establishing a pattern of discriminatory practices, even without direct proof of intentional bias. This form of evidence demonstrates that a seemingly neutral policy or practice disproportionately affects older workers, leading to adverse employment outcomes.
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Statistical Analysis of Workforce Demographics
Statistical analysis is used to compare the demographics of the retailer’s workforce before and after implementing a specific policy. For example, if a new performance evaluation system leads to a significant reduction in the number of older employees receiving promotions or retaining their positions, this disparity can serve as evidence of disparate impact. Real-life scenarios might involve data showing that older employees consistently score lower on subjective performance metrics, even if their objective performance remains consistent. Such analyses must account for other factors that could influence outcomes, isolating age as a key variable.
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Review of Company-Wide Policies and Practices
This involves examining seemingly neutral policies that may inadvertently disadvantage older employees. Examples include policies requiring specific technical skills that older employees may not have acquired due to their stage in their careers, or physical requirements that disproportionately affect older individuals. For instance, if the retailer introduces a new inventory management system requiring advanced computer skills, and older employees are not provided adequate training, it may lead to poorer performance and eventual termination. A comprehensive review identifies these policies and assesses their impact on different age groups.
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Analysis of Hiring and Promotion Rates
Examining hiring and promotion rates can reveal disparities in how older applicants and employees are treated compared to their younger counterparts. If older applicants are consistently less likely to be hired or promoted, despite possessing comparable qualifications, this can suggest disparate impact. Consider a situation where the retailer’s hiring practices prioritize recent graduates for management positions, even when experienced older employees are available and qualified. Analysis of applicant data can reveal patterns indicating a bias against older workers.
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Impact on Layoff and Termination Decisions
Disparate impact evidence is often found in layoff and termination decisions. If a company-wide layoff disproportionately affects older employees, this can suggest age-based bias. For example, if the retailer implements a “last in, first out” layoff policy, it may disproportionately affect older employees who have longer tenures and higher salaries. Statistical analysis can determine whether the layoffs had a significantly greater impact on older workers compared to younger workers, even if the policy itself appears neutral on its face.
These facets of disparate impact evidence underscore the importance of examining seemingly neutral policies and practices for their unintended discriminatory effects. By analyzing workforce demographics, reviewing company-wide policies, scrutinizing hiring and promotion rates, and examining layoff decisions, evidence of disparate impact can be identified and used to support claims of age discrimination. Understanding these components is essential for both employers aiming to avoid litigation and employees seeking to assert their rights under anti-discrimination laws.
6. Company policies assessment
Company policies assessment is a fundamental step in evaluating potential claims of unequal treatment based on seniority. A thorough review can reveal practices that, while seemingly neutral, may disproportionately affect older employees, potentially leading to legal action.
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Age-Neutrality on Paper vs. Age-Neutrality in Practice
Company policies may appear age-neutral on the surface, but their application can create disparate outcomes for older workers. For instance, a policy emphasizing recent technological skills might disadvantage long-term employees lacking formal training in new software, even if their overall job performance remains high. Assessment involves scrutinizing how policies are implemented and whether they inadvertently penalize older employees. If training is inadequate or opportunities to acquire new skills are limited for older workers, a facially neutral policy can become a vehicle for discrimination.
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Subjective Performance Metrics
Policies relying on subjective performance metrics are susceptible to age bias. Evaluations based on traits like “energy” or “adaptability” can reflect stereotypes about older workers being less dynamic or resistant to change. Assessment includes analyzing performance review processes to determine whether evaluations are based on objective, job-related criteria or whether subjective assessments disproportionately penalize older employees. The presence of age-related comments or assumptions in performance reviews can be a strong indicator of bias.
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Succession Planning Practices
Formal or informal succession planning can reveal biases against older workers. If younger employees are consistently identified as “high-potential” candidates while older, experienced employees are overlooked, it suggests age may be a factor. Assessment involves examining succession planning processes to determine whether opportunities for advancement are equitably distributed across age groups. Lack of transparency and reliance on subjective criteria can exacerbate age-related biases in succession planning.
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Layoff and Restructuring Policies
Policies governing layoffs and restructuring can disproportionately affect older workers, particularly if seniority is not a primary consideration. Assessment involves analyzing layoff criteria to determine whether they favor younger employees or result in the disproportionate termination of older workers with longer tenure and higher salaries. Policies prioritizing “skill sets of the future” can disadvantage older employees whose skills are deemed less relevant, even if their current performance is satisfactory. Thorough scrutiny of these policies is crucial in identifying potential discrimination.
Assessing company policies provides valuable insight into potential age discrimination. By examining the application of seemingly neutral rules, evaluating performance metrics, scrutinizing succession planning practices, and analyzing layoff criteria, a clearer picture of the retailer’s commitment to fair employment practices emerges. Proactive assessment and adjustments to policies can mitigate risks, promote equitable treatment, and reduce the likelihood of legal challenges.
7. Settlement negotiation strategies
Settlement negotiation strategies form a crucial element in resolving allegations of unequal treatment based on seniority, frequently occurring in legal actions. Effective negotiation can mitigate the financial and reputational risks associated with protracted litigation for both plaintiffs and the defendant retailer. The core objective is to reach a mutually acceptable agreement that addresses the plaintiff’s grievances while avoiding the uncertainty and expense of a trial. These strategies encompass a range of tactics, including careful case evaluation, development of persuasive arguments, and a willingness to compromise. For example, an attorney representing an employee alleging age discrimination may emphasize the potential negative publicity for the company if the case proceeds to trial, arguing that a settlement would be a more discreet and cost-effective resolution. Conversely, the retailer may focus on weaknesses in the plaintiff’s evidence, attempting to lower the settlement demand.
The importance of strategic negotiation becomes particularly evident when considering the potential outcomes of litigation. A successful settlement can provide the plaintiff with financial compensation, reinstatement, or other forms of relief, while allowing the defendant to avoid the costs and risks associated with a public trial. Negotiations often involve complex discussions about the scope of monetary damages, equitable remedies such as policy changes or training programs, and confidentiality agreements. In real-world scenarios, a retailer might agree to revise its promotion policies to ensure equal opportunities for older workers as part of a settlement agreement. Moreover, effective negotiation requires a deep understanding of relevant legal precedents, the strength of the available evidence, and the potential for success at trial. A well-prepared negotiator can leverage this knowledge to achieve a favorable outcome for their client.
In summary, settlement negotiation strategies are integral to resolving claims of unequal treatment based on seniority. A thoughtful and strategic approach can lead to a mutually agreeable resolution, mitigating the risks and costs associated with protracted litigation. Challenges in negotiation may include differing assessments of case value, emotional factors, and the desire for vindication. However, by focusing on objective evidence, understanding legal precedents, and demonstrating a willingness to compromise, both plaintiffs and defendant retailers can navigate these challenges and achieve a satisfactory outcome, and prevent further damages, leading to the broader theme of a more efficient and equitable resolution process.
8. Legal precedent examination
Legal precedent examination is a critical component in evaluating claims of age-based discrimination, influencing the strategies employed by both plaintiffs and defendants. Prior court decisions involving similar allegations and factual circumstances provide a framework for assessing the potential success or failure of new cases. The application of established legal principles to specific facts serves as a guide for determining liability and damages. For example, if previous cases involving similar job roles, performance evaluation systems, or termination rationales have resulted in verdicts or settlements favoring plaintiffs, this increases the likelihood that similar claims will be viewed favorably by courts. Conversely, a history of unsuccessful claims in comparable situations can dissuade plaintiffs from pursuing litigation or prompt them to lower their settlement demands. Thus, past rulings on “home depot lawsuit age discrimination”, or analogous cases, offer insights into the types of evidence, arguments, and defenses that are likely to be persuasive in future proceedings.
The analysis of past rulings offers tangible benefits for all parties involved. For plaintiffs, understanding the legal landscape enables a more informed assessment of the strengths and weaknesses of their claims, enhancing their ability to present compelling arguments. Similarly, legal precedent examination offers insights into the types of evidence that may be most effective in proving or disproving discriminatory intent. For instance, past cases may have emphasized the importance of statistical analysis in demonstrating disparate impact, or the significance of direct evidence of age-related bias in management communications. For the defense, awareness of precedent helps to anticipate and counter potential arguments, refine company policies and practices to minimize legal risk, and develop a robust legal strategy. Retailers like The Home Depot can use prior rulings to proactively address potential vulnerabilities in their employment practices, such as revising performance evaluation processes or implementing enhanced training programs to ensure fairness and compliance with anti-discrimination laws.
In summary, legal precedent examination is an essential step in navigating claims of age-based discrimination. It helps shape the strategies of both plaintiffs and defendants, informs the assessment of case merits, and guides the development of effective legal arguments. Although each case is unique, prior rulings provide a valuable framework for understanding the legal landscape, anticipating potential challenges, and ultimately achieving a just and equitable resolution. Challenges may arise from the complexity of legal standards, evolving interpretations of anti-discrimination laws, and the unique facts of each individual case. However, a thorough understanding of precedent remains a cornerstone of effective legal practice in this area.
9. Remedial action implementation
Remedial action implementation serves as a critical response following substantiated claims or settlements involving allegations of unequal treatment based on seniority. When a “home depot lawsuit age discrimination” case concludes with a finding of discriminatory practices, or when a settlement agreement necessitates corrective measures, the implementation of appropriate remedial actions becomes paramount. These actions aim to rectify past injustices, prevent future occurrences of age-based discrimination, and foster a more equitable and inclusive work environment. For instance, if a lawsuit reveals biased promotion processes, the retailer might be required to revise its promotion criteria, establish objective evaluation metrics, and provide training to managers on unbiased decision-making. Without effective remedial actions, the underlying discriminatory practices may persist, leading to further legal challenges and reputational damage.
The scope of remedial actions can be wide-ranging, encompassing policy revisions, training programs, enhanced monitoring, and disciplinary measures. Policy revisions may involve eliminating subjective criteria from hiring and promotion processes, implementing transparent compensation structures, and clarifying anti-discrimination policies. Training programs can educate employees and managers on age-related stereotypes, unconscious biases, and legal obligations. Enhanced monitoring mechanisms can track hiring, promotion, and termination decisions to identify potential patterns of age discrimination. Disciplinary measures may be imposed on individuals found to have engaged in discriminatory conduct. A practical example includes a retailer establishing an internal audit system to regularly review employment decisions for potential age bias, coupled with mandatory diversity and inclusion training for all employees. Furthermore, remedial action could involve offering reinstatement or back pay to employees who were unfairly terminated or denied promotions due to their age. The effectiveness of these actions hinges on their thoroughness, transparency, and commitment from senior management.
In summary, the implementation of remedial actions is an essential component in addressing and preventing age discrimination. Following legal findings or settlements related to “home depot lawsuit age discrimination,” these actions aim to rectify past injustices, create a more equitable workplace, and mitigate future legal risks. While challenges may arise in designing and implementing effective remedial measures, a comprehensive and sustained commitment to these actions is crucial for fostering a culture of inclusivity and ensuring compliance with anti-discrimination laws. The ultimate goal is not only to address the immediate consequences of past discriminatory practices but also to establish a long-term framework for fair and equitable treatment of all employees, regardless of age.
Frequently Asked Questions
The following addresses common inquiries regarding allegations of unequal treatment based on seniority within the context of legal challenges against the home improvement retailer.
Question 1: What constitutes age discrimination in employment within The Home Depot?
Age discrimination encompasses adverse employment actions taken against individuals aged 40 or older, based solely on their age. Such actions may include discriminatory hiring, promotion denial, wrongful termination, disparate compensation, or harassment.
Question 2: What evidence is typically presented in a claim of age discrimination against Home Depot?
Evidence may include statistical data demonstrating disparate impact, direct statements revealing age-related bias, comparative evidence showing younger employees receiving preferential treatment, and documentation challenging the validity of performance-based justifications for adverse actions.
Question 3: What legal protections exist for older workers in relation to potential unequal treatment based on seniority?
The Age Discrimination in Employment Act (ADEA) protects individuals aged 40 and over from age discrimination in employment. State laws may provide additional protections.
Question 4: How can an employee of Home Depot initiate a claim of age discrimination?
An employee believing they have experienced age discrimination must typically file a charge with the Equal Employment Opportunity Commission (EEOC) before pursuing a lawsuit. The EEOC investigates the claim and may attempt to mediate a resolution. Failing a resolution, the employee may receive a “right to sue” letter, permitting the filing of a lawsuit in court.
Question 5: What remedies are available to employees who successfully prove age discrimination in a lawsuit against Home Depot?
Remedies may include back pay, front pay, compensatory damages, punitive damages (in cases of egregious conduct), reinstatement, and attorneys’ fees. Courts may also order injunctive relief, requiring the employer to modify discriminatory practices.
Question 6: What steps can Home Depot take to prevent age discrimination and minimize the risk of lawsuits?
Measures include implementing comprehensive anti-discrimination policies, providing regular training to employees and managers on age-related biases, establishing objective and transparent performance evaluation systems, ensuring fair and consistent application of company policies, and promptly investigating and addressing complaints of age discrimination.
Key takeaways emphasize the importance of understanding legal protections, recognizing potential forms of bias, and implementing preventive measures to ensure fair employment practices.
The subsequent section explores real-world case studies related to age discrimination allegations.
Navigating Age Discrimination Claims
The following offers actionable strategies for managing and mitigating risks associated with allegations of unequal treatment based on seniority. Understanding these points is crucial for both employers and employees navigating legal complexities.
Tip 1: Implement Robust Anti-Discrimination Policies: Develop and enforce clear policies prohibiting age discrimination. Ensure these policies are readily accessible and comprehensively communicated to all employees.
Tip 2: Conduct Regular Training on Age Bias: Provide ongoing training to employees and managers regarding age-related stereotypes, unconscious biases, and legal obligations. Emphasize the importance of fair and objective decision-making.
Tip 3: Establish Objective Performance Evaluation Systems: Implement performance evaluation processes based on objective, job-related criteria. Avoid subjective assessments that can reflect age-related biases or stereotypes.
Tip 4: Ensure Fair and Consistent Application of Policies: Apply company policies consistently across all age groups. Document all employment decisions, including hiring, promotion, termination, and compensation, to demonstrate fairness and objectivity.
Tip 5: Promptly Investigate and Address Complaints: Establish a clear and confidential process for reporting and investigating complaints of age discrimination. Take immediate and appropriate action to address any substantiated claims.
Tip 6: Conduct Regular Audits of Employment Practices: Periodically audit employment practices to identify potential areas of age bias. Analyze hiring, promotion, compensation, and termination data to detect any patterns of disparate treatment.
Tip 7: Consult with Legal Counsel: Seek guidance from experienced legal counsel to ensure compliance with relevant anti-discrimination laws and to develop effective strategies for managing and resolving age discrimination claims.
By proactively implementing these strategies, organizations can foster a more equitable work environment, mitigate legal risks, and demonstrate a commitment to fair employment practices, particularly concerning allegations of “home depot lawsuit age discrimination.”
The conclusion will provide a comprehensive overview of key considerations and best practices for addressing age discrimination concerns.
Conclusion
This exploration has dissected key aspects of allegations of unequal treatment based on seniority leading to legal actions. From the nuances of hiring practices to the scrutiny of termination justifications, the complexities of these cases demand careful consideration. Understanding disparate impact, conducting thorough company policy assessments, and strategically approaching settlement negotiations are crucial for all parties involved. Further, examination of legal precedent and diligent implementation of remedial actions are essential to preventing future occurrences.
Addressing concerns of unequal treatment based on seniority within the workplace requires a sustained and proactive effort. Upholding principles of fairness and equal opportunity is not only a legal imperative, but also a fundamental ethical responsibility. Continuous vigilance, coupled with a steadfast commitment to equitable practices, remains paramount in fostering a workplace where all individuals are valued and respected, irrespective of age.
