How To Prove Workplace Age Discrimination?
In order to prove age discrimination, the employee must prove that age was at least one of the factors causing the adverse employment decision, and this may be done if each of the following is proven:
any of the below adverse actions were taken against the employee as a result of her age: a. discharging the employee b. dismissing the employee c. suspending the employee d. demoting the employee e. refusing to employ somebody f. discriminating against the employee in:
g. Failing to take all reasonable steps necessary to prevent age discrimination
In order to prove an unlawful employment practice because of the employee’s age, it is not necessary that the employee alleging age discrimination was replaced by a younger person if the employer has argued that the employee was replaced because the employer was takings measures to generally reduce its work force. In these circumstances, in order to prove age discrimination, it is sufficient to demonstrate that employer’s reduction in force did not treat age as a neutral factor in determining who to terminate.
Ageist comments strongly help prove age discrimination. Comments like you are too old, we need young blood, he is quicker, when will you retire, at your age you should not have this job and you should retire may show discriminatory animus towards age. Comments that an older employee is too expensive or from a passe era are also common in age discrimination. Unkind remarks about an employee’s age maybe age harassment. Even if it does not rise to the level of age harassment under the law, ageist remarks are evidence of age discrimination in employment.
Our Results in Age Discrimination:
It is very difficult for workers
over 40 to find work. Workers over 40 are often targeted for layoff. If you are part of a big enough layoff, under the Older Worker Protection Actyour employer is required to provide a list of the other persons laid off by age. The Employment Lawyers Group has hired statisticians to prove that layoffs in which many people over 40 and over 50 are laid off are not layoffs by chance, but layoffs due to age over 40 or 50.
We have handled a fair number of age discrimination cases involving jobs where the employers want their employees to present certain physical images such as sales or restaurants and that image was not consistent with an older worker. We have also represented a number of Latino men who were fired from a job thought to become difficult due to age. Claims older workers are not up-to-date with technology have also been frequent issues in the age discrimination cases we have handled.
The Employment Lawyers Group takes age discrimination cases very seriously because we have found there is exceptional difficulty in older workers finding jobs that pay what they were paid from the job they were fired from. The cost of an employee obtaining medical insurance also increases with age, and the loss of health insurance is one of the damages in an age discrimination case. Some employees due to age discrimination might also find themselves in a situation in which a pension is close to vesting. Because the damages for lost wages are likely to be high in an age discrimination case, and older workers often earn higher wages than others, it is important that a serious effort be made to represent any employee suing for age discrimination
If overt comments have not been made about age, or the position the employee was fired from is not manual labor, age discrimination can be difficult to prove. If you have a potential age discrimination case, please find an employment lawyer with the resources and knowledge to represent you in one of the more difficult areas of employment law.
Karl Gerber has represented employees for twenty years. He has a staff of paralegals and associate attorneys at his office who work on difficult cases for a living. We advance case costs and have been doing so for many years. Please consider our established law firm if you have an important case of age discrimination.