How to Prove Age Discrimination
Where Do I Start if I Need to Learn How to Prove Age Discrimination?
A good place to start is by learning some of the main points of the Age Discrimination in Employment Act of 1967, or ADEA. The ADEA makes illegal for employers to discriminate against any person due to their age. The ADEA covers important aspects of the employment process, including:
- Recruitment, interviewing, and hiring
- Wages, compensation, and benefits
- Retirement, firing, termination, and severance packages
Generally speaking, if you have been treated differently than other employees of the same skill set based solely on age, this may form the basis for an employment discrimination lawsuit.
What Type of Evidence Can Be Used to Prove Age Discrimination?
When determining how to prove age discrimination, you should go over important facts including:
- Statistics: For example, if you discover that only younger aged employees have been receiving benefits, this can be used in support of your claim. Another example is where only employees over a certain age have been subject to wage cutbacks or termination
- Circumstantial Evidence: These may include witness testimony from other employees in support of your claim. Or, if a supervisor, boss, manager, or hiring employee made discriminatory remarks, these can be entered into the record as evidence
Thus, before you file any formal papers with a court, you should compile such evidence and any other important forms and documents like pay stubs and work records. You may also wish to create a written account of the events leading up to the discriminatory act, preferably while the facts are still fresh in your memory.
What are the Remedies for Age Discrimination?
If you feel that you have been discriminated against due to your age in any of these aspects, you may have a discrimination claim. You may be entitled to various legal remedies, including compensation for lost wages or benefits, and reinstatement to your previous employment position.
Recovering losses for age discrimination usually begins by filing a complaint with a government agency like the Equal Employment Opportunity Commission (EEOC). An agent from the agency may meet with you to discuss how to prove age discrimination.
The EEOC will usually conduct an investigation and may require your employer to reimburse you for losses, and/or change their company policies. However, if the EEOC remedies are not enough to compensate you, you may be able to file a private lawsuit, but only after you file with the EEOC first.
Do I Need a Lawyer for Assistance in Proving Age Discrimination?
If you are still unclear about how to prove age discrimination, you may wish to contact an employment lawyer for legal advice. An experienced employment attorney in your area can explain how the employment laws in your area affect your claim. Your lawyer can help you file your claim with the EEOC or through the civil court system to help you obtain a damages award.
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Last Modified: 05-29-2012 03:37 PM PDT