How can I prove age discrimination?

In order to have a legal claim for age discrimination against your employer, you must show that you suffered an adverse employment action based on your age, such as being fired or demoted. Age discrimination can take on many forms. As an example, an employer may deny a job opportunity to an older candidate in order to hire a younger applicant, or a younger employee may get promoted despite having less experience than an older worker.

An employee or job applicant is required to show the following to prove that age discrimination occurred in the workplace:

• They were 40 years of age or older when the discrimination occurred.
• Their employer is covered by state or federal age discrimination laws.
• They were subjected to an adverse employment action that caused harm.
• Age was a substantial motivating reason for the adverse employment action.

Proving age discrimination can be challenging as it is not always obvious. If you are unsure about whether you have a claim for age discrimination, discuss your situation with a knowledgeable employment law attorney.

Other Age Discrimination FAQs:


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