How Can I Prove Age Discrimination?
Our Los Angeles Employment Attorney Explains
Age discrimination cases have skyrocketed over the past decade. Despite the strong employment discrimination laws in California, age discrimination is still rampant. Like all forms of employment discrimination, unfair treatment on the basis of your age is unlawful and remediable through legal action.
If you suspect age discrimination, it is essential that you immediately seek the legal counsel of an age discrimination lawyer. You will need to gather proof to hold your former employer accountable. This is where the experience of a Los Angeles employment law attorney helps. We will give you examples of proof, as well as review what you put together. You will need this proof to successfully prove age discrimination occurred.
What Proof Do I Need in an Age Discrimination Case?
To prove age discrimination, first 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 include severance package information and policy procedures regarding retirement and termination.
Sometimes, age discrimination lawsuits are “prima facie” cases. This is 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 not promoted to an open position;
- They were not hired for the position despite having adequate qualifications;
- The position was still 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 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. Otherwise, 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 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.