How Can I Prove Age Discrimination at Work?

Age discrimination at work is a serious issue that affects tens of thousands of people in the United States each year. Despite federal and state legal protections, many older workers still face unfair treatment and wrongful termination. The consequences of age discrimination can be devastating, including financial instability and emotional distress.

For those who believe they have experienced age discrimination in the workplace, it is important to understand the steps to take to prove discrimination and hold the responsible parties accountable. By gathering relevant evidence, understanding the law, and seeking experienced legal representation, you can fight back against age discrimination and protect your rights in the workplace.

At The Cartwright Law Firm, Inc., our skilled employment discrimination lawyers in San Francisco can provide reliable legal support in seeking justice against age discrimination in the workplace. Contact us today to schedule a free consultation and learn more about protecting your rights. 

What Constitutes Workplace Age Discrimination?

Despite older individuals being experienced and knowledgeable, age discrimination can bar highly qualified professionals from accessing the same opportunities as their younger counterparts. 

The Age Discrimination in Employment Act (ADEA) is a federal law aimed at protecting individuals over the age of 40 from discrimination in the workplace. The act explains what constitutes age discrimination and prohibits age discrimination at all stages of employment, from hiring and compensation to job assignments and firing. 

An employee can establish an age discrimination claim by showing that they are older than 40 and suffered an adverse action in the workplace. The employee must also demonstrate that they were qualified for the job and met the employer’s legitimate expectations.

Age discrimination exists if your age was the motivating factor for an unfavorable action taken against you. Any age discrimination case must prove that if not for your age, the action would not have occurred. 

Not all unfavorable actions against older employees occur due to ageism, and understanding what constitutes age discrimination can help you protect yourself against it. To learn more about your possibility for a legal claim, contact our San Francisco employment law firm to schedule a personalized case consultation. 

Signs of Age Discrimination in the Workplace

It is not uncommon to experience signs of age discrimination in the workplace. While age discrimination may be difficult to identify, there are several signs that can alert you that you may be experiencing age discrimination. 

• Experiencing age-related comments, jokes, or insults
• Hiring only younger employees (especially if they are inexperienced or unqualified)
• Not chosen for promotion over a younger, less qualified employee 
• Being forced or encouraged to retire or leave the company 
• Being disregarded for work assignments because it may be too difficult or strenuous 
• Being treated differently in a negative way than younger counterparts 

Evidence For Age Discrimination Cases

To successfully prove age discrimination at work, you must provide substantial evidence that supports your claim. It is important to understand the different types of evidence that are admissible and effective for proving age discrimination.

If you believe you have been a victim of age discrimination, it is important to consult with an experienced employment discrimination attorney. An attorney can help you gather and present the necessary evidence to build a successful case.

Direct Evidence

Direct evidence is the most powerful form of evidence and shows a clear intent to discriminate against an employee due to their age. 

Direct evidence includes comments made by a supervisor or manager that imply or directly state that they prefer younger employees or that an employee is too old for a job. It could also include company policies that make it clear that an employee’s age is a factor in hiring, promotions, or termination decisions.

Circumstantial Evidence 

Circumstantial evidence requires the employee to show that their age was a factor in a particular employment decision. Circumstantial evidence in an age discrimination case may include the employee’s age being a factor in performance evaluations, being excluded from business events, or being subjected to comments or jokes about their age. 

It is important to note that circumstantial evidence alone is not typically enough to establish a claim of age discrimination unless it implies a pattern or practice of discrimination by the employer.

Statistical Evidence

Statistical evidence may be admissible in an age discrimination case if it demonstrates a pattern by an employer of discrimination against older employees. For example, if an employer’s workforce is predominantly younger or if a significant number of older employees have been terminated or passed over for promotions over a certain period of time, a statistical argument can be used to show a pattern of discrimination. However, statistical evidence alone is not enough to establish a claim of age discrimination.

Your Legal Rights Against Workplace Age Discrimination

In addition to federal law, California’s Fair Employment and Housing Act (FEHA) prohibits workplace age discrimination and applies to employers with five or more employees. The protections under FEHA extend to individuals who are at least 40 years old, which is the same as the federal ADEA protections.

Under FEHA, employers cannot discriminate against employees or job applicants who are over 40 regarding housing, public accommodations, or any other aspect of daily life. In addition, employers cannot retaliate against workers who exercise their rights. This includes employees who report age discrimination, file a complaint, participate in an investigation, or oppose age discrimination in any way. 

If an employer violates the FEHA, the employee may file a charge of discrimination with the California Department of Fair Employment and Housing and file a lawsuit against the employer for age discrimination.

How Our Experienced Employment Lawyers Can Help

If you think you may have experienced workplace discrimination or harassment, it is essential to seek legal counsel from experienced employment lawyers. At The Cartwright Law Firm, Inc., our dedicated attorneys specialize in handling discrimination cases. 

Our discrimination and harassment attorneys are committed to advocating for fair treatment for every employee in California and fighting for your rights. We provide personalized attention and guidance throughout the entire process and will ensure that your interests are protected. Contact us today to schedule a free consultation, and let us help you get the justice you deserve.