How Can You Prove Age Discrimination in the Workplace?

Unfortunately, while there are laws in place that prohibit age discrimination, this is still a huge problem in the United States of America, especially in the workplace. Under the Age Discrimination in Employment Act (ADEA) and the Fair Employment and Housing Act (FEHA), it is illegal for an employer to discriminate against an individual because they are 40 years or older. Age discrimination in the workplace can happen in various ways, such as being denied employment, being passed up for a promotion, and suffering unwarranted harassment. Fortunately, people who suffer age discrimination in the workplace have legal options. A victim of age discrimination can seek financial damages and other legal relief under state and federal laws through an age discrimination claim. Below, we share some tips on how you can prove you’ve been a victim of age discrimination in the workplace.

Show That You Are in the Protected Age Class

One of the most crucial things you must show to establish an age discrimination claim is that you are 40 years or older. Both state and federal laws protect people who are 40 years or older. Fortunately, proving that you are 40 years or older is usually straightforward. There are several ways to show that you are 40 years or older, including the following;

• Identification documents, such as a birth certificate, driver’s license, or a government-issued ID
• Social Security records
• Employment records that contain your date of birth
• Sworn statements or declarations
• Medical or school records

Show That Someone Significantly Younger Than You Replaced You

You may be able to prove you are a victim of age discrimination if you can show that a significantly younger person replaced you. If you were fired, you can learn about your replacement from, for example, your former colleagues. However, this is not to say that being replaced by a younger person automatically means an employer is liable for age discrimination.

What If The Employee Who Replaced Me is Over 40 Years Old? 

A claim for age discrimination can still arise if the age of the replacement employee is over 40 years old so long as the replacement employee is substantially younger than you. For example, if you were 68 years old at the time of your termination, and the employee was 45 years old, you may still have an age discrimination case against your former employer. 

Show That You Were a Good Performer When You Faced the Adverse Action

An employer may, for example, have fired you on the basis that you were performing poorly. You can prove age discrimination if you can show that at the time you were fired, you were performing your job satisfactorily. Emails commending you for a job well done, performance reviews, and accolades are just a few of the types of evidence you can use to show you were a good performer.

Prove That Younger Workers With Similar Abilities Were Treated Much Better

The law protects you from discrimination in employment benefits, salary, and other employment terms or conditions. You may be able to prove age discrimination if you can show that younger people with the same abilities as you were, for example, paid so much more than you, disciplined less harshly, or given promotions that you wanted.

Find Other Victims to Help You Prove Your Case

Another tip for proving age discrimination is to find other people who were discriminated against because of their age by the same employer.

Contact a California Employment Lawyer

There are many other ways of proving age discrimination. If you have been a victim of age discrimination in California, contact a qualified California employment lawyer who can assess your case and guide you accordingly.