March 2014 Archives

How do I know if I am being discriminated against because of my age?

You will know. You will have experienced derogatory comments by co-workers or supervisors about your age. These comments might be about your ability to do the job because of your age, questions about when you plan to retire, and general negative statements about old people. But these comments aren’t enough. You also need to have suffered some adverse employment action motivated by this discrimination. You need to have a clear sense that the negative action (demotion, firing, loss of pay or benefits) was taken against you specifically because of the age discrimination and not some other reason, such as poor performance, company wide layoffs or reductions in force, etc. If you feel that you are being discriminated against because of your age, you should contact an attorney to discuss the specific facts of your case. These situations are all time and fact specific and you should get legal guidance before you proceed.

Can you prove age discrimination?

To show that you have suffered age discrimination, you have to do more thanjust show that you are over 40. You must also demonstrate that someonespecifically targeted you for termination because of your age or that othersimilarly situated younger employees were being treated more favorably thatyou. You also have to have had a good understanding that the reason for yournegative treatment was related to your age, i.e. specific comments related toyour age or the benefits of youth etc. or specific instances where someone in asimilar job with similar qualifications and job responsibilities is treated morefavorably that you. If you believe that you are being discrimination againstbecause of your age, then you should seek the advice of an attorney as soonas possible to make sure that you are being protected. These claims are allvery fact and time sensitive and it is important that you get legal advice before proceeding.

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