How Can I Prove Age Discrimination?

A common first step in proving age discrimination is having your employment discrimination lawyer review any documents you were given 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 can be formulated as “prima facie” cases, wherein the evidence of discrimination can be plainly seen 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 the position was filled by someone younger than the affected employee.

It should be noted 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.