Courts often look to circumstantial evidence to find age discrimination by looking at all the facts involved and comparing what happened to you with what happened to younger workers. Often employers blame non-age related factors such as corporate downsizing, reductions in the workforce, or reorganization for the illegal actions. However, you may recognize age discrimination when your employer takes adverse employment action because of your age while similarly situated, but younger, employees were treated differently and more favorably. Some cases include:
- Wrongful termination
- Demotion
- Hours and/or Wages Cut Back
- Suspension
The state and federal age discrimination statutes generally protect employees who are 40 years of age or older from discrimination with respect to hiring, firing, promotion, layoff, compensation, benefits, job assignments and training. The law also protects you from retaliation if you report unlawful discrimination – either directed at you or at someone else.
Age discrimination has roots in one of the most deeply held stereotypes in the workplace. Many employers believe that workers become less competent as they get older. In practice, age discrimination has little to do with competency and has very much to do about costs. Age discrimination is a convenient way for employers to terminate employees whose salaries and benefit costs are higher than those of younger employees. As companies downsize and outsource, older workers in their 40s, 50s, and 60s are the ones who are most likely to get laid off when there is a reduction in the workforce.
The Age Discrimination in Employment Act (ADEA) of 1967 is a federal law that protects individuals 40 years of age or older from employment discrimination based on age. This includes, hiring, firing, training, promoting, pay scale, benefits offered, and other workplace activities.
In many cases, the plaintiff lacks direct evidence of discrimination and must prove discriminatory intent indirectly by inference. The Supreme Court has created a structure for analyzing these types of cases through the use of circumstantial evidence, commonly known as the McDonnell Douglas burden-shifting formula. At the outset, the employee carries the burden of establishing a prima facie case of age discrimination. Under this analysis, an employee must establish that:
- He or she is 40 years of age or older,
- He or she is qualified to perform the job function required by the position,
- He or she suffered an adverse employment action, and
- He or she was replaced by someone who is “substantially” younger.
If you believe you are a victim of unfair firing or were offered an unjust severance package because of a corporate downsizing or other reduction in workforce or “reorganization” at your workplace, discuss the facts of your case with an experienced employment law attorney. Learn how to bring your age discrimination matter to the attention of the EEOC (Equal Employment Opportunity Commission). Explore the possibility of a wrongful termination lawsuit.
