Lamberton Law Blog

Age discrimination occurs when an employee is treated unfairly or disadvantaged because of their age. The Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees who are 40 years or older. If you believe you have been the victim of age discrimination, you may be able to bring a claim against your employer under the ADEA. Proving age discrimination can be challenging, but with the right evidence, it is possible to build a strong case. A knowledgeable employment attorney can help you.

The first step in proving age discrimination is to establish that you are a member of a protected class. To be protected under the ADEA, you must be 40 years or older. If you are not in this age range, you are not eligible for protection under the ADEA. It is important to note that younger employees who are discriminated against because of their age are not protected under the ADEA.

The second step in proving age discrimination is to show that you suffered an adverse employment action. This can include being fired, demoted, or denied a promotion. It can also include being subjected to a hostile work environment or being treated differently from other employees in terms of pay, benefits, or job responsibilities. It is important to note that not all adverse employment actions are the result of age discrimination. It is possible for an employer to take a legitimate adverse action against an employee, such as termination for poor performance.

The third step in proving age discrimination is to show that age was a factor that made a difference in the adverse employment action. This can be difficult, as an employer may have multiple reasons for taking an adverse action against an employee. To establish that age was a factor that made a difference, you will need to provide evidence that suggests that age played a determinative role in the decision. This can include statements made by your supervisor or co-workers that suggest age bias, statistics that show a pattern of discrimination against older employees, or evidence that younger employees were treated more favorably.

There are several types of evidence that can be used to support a claim of age discrimination. One type of evidence is direct evidence, which is evidence that directly proves that age was a factor in the adverse employment action. Direct evidence can include statements made by your supervisor or co-workers that show age bias, such as comments about your age, or comments about the need to bring in younger workers.

Another type of evidence is circumstantial evidence, which is evidence that suggests age discrimination based on the circumstances surrounding the adverse employment action. Circumstantial evidence can include statistics that show a pattern of discrimination against older workers, evidence that younger workers were treated more favorably, or evidence that the employer had a policy or practice that discriminated against older workers.

In addition to direct and circumstantial evidence, there are several other types of evidence that can be used to support a claim of age discrimination. This can include performance evaluations, emails, memos, or other written communications that suggest age bias, and testimony from co-workers or other witnesses who have observed or experienced age discrimination in the workplace.

To prove age discrimination, it is important to document any evidence that you have that suggests age bias. This can include keeping a record of any comments or behavior that suggest age bias, as well as any emails, memos, or other written communications that suggest age bias. It is also important to keep a record of any adverse employment actions that you have experienced, as well as any evidence that suggests that age was a factor in the decision.

If you believe that you have been the victim of age discrimination, the first step is to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is responsible for enforcing the ADEA, and will investigate your complaint to determine whether there is evidence of age discrimination.