How Can I Prove Age Discrimination?

Age discrimination cases have skyrocketed over the past decade. Despite the strong employment discrimination laws that protect workers in California, age discrimination still runs rampant. Like all forms of employment discrimination, unfair treatment on the basis of one’s age is unlawful…which means that it’s remediable through legal action.

Our Los Angeles Employment Attorney Explains How To Prove It

If you suspect that you’ve been the subject of age discrimination at work, it is essential that you immediately seek the legal counsel of an experienced age discrimination lawyer like the ones found at Kesluk, Silverstein, Jacob, & Morrison. We’ll work with you to provide you with the support and guidance you’ll need to gather proof and hold your former employer accountable. Our team of talented Los Angeles employment law attorneys will give you examples of proof and review what you’ve put together so you can ensure that your case is as bulletproof as possible. We work on a contingency fee basis, which means that you don’t pay unless we win. To learn more about how we’ve earned a 30-year reputation for excellence when it comes to protecting our clients against age discrimination, reach out to our Los Angeles offices and set up your free initial consultation today.

What Is Age Discrimination?

What Proof Do I Need in an Age Discrimination Case?

To prove age discrimination, your first step will be to have your employment discrimination lawyer review any documents you received before leaving your position. Such documents may contain language that insinuates a company’s intention to relieve itself of older employees. Examples of these documents can include severance package information and policy procedures regarding retirement and termination. We’ll help you understand which documents will be helpful in your case and give you the guidance you need to properly gather them.

Understanding Prima Facie Cases

Sometimes, age discrimination lawsuits are “prima facie” cases. This term refers to a case where you can plainly see the evidence of discrimination upon examination of the circumstances. The four criteria that compose such cases are:

The affected employee’s age was over 40
They were demoted, wrongfully terminated, or denied a promotion to an open position
They were not hired for a position despite having adequate qualifications
A position remained open after their rejection, or they filled the position with someone younger than the affected employee.

Note that a “prima facie” case is typically the bare minimum of evidence in an age discrimination lawsuit. Stronger evidence of discrimination, such as spoken preferences for younger employees or seemingly arbitrary downsizing patterns, can also help your case.

What are the Legal Requirements for Claiming Age Discrimination?

Before you pursue legal action against your former employer, you must file a claim with the Equal Employment Opportunity Commission. In California, you must file your claim within 30 days of the discriminatory act. If you do not, you will lose your options for legal action. After the EEOC investigates your claim, it will then notify you as to whether you can pursue a lawsuit against the discriminatory company. In most cases, notification is given through a “Right to Sue” document.

Get Advice from an Age Discrimination Lawyer

An employment lawyer with significant experience handling age discrimination lawsuits can help you explore your rights and the best options for legal action. Under California law, you can then pursue damages and reinstatement if you were the victim of discrimination by an employer. Please contact our office to have your situation reviewed.