How To Prove Age Discrimination at Work

One issue employment discrimination lawyers in California routinely handle is age discrimination in the workplace. This type of unfair treatment impacts workers across several sectors, but how can you show proof of ageism and hold your employer accountable?

The experienced attorneys at D.Law are here to explain how to prove age discrimination before filing an employment discrimination claim. 

What Labor Protections Exist for California Workers?

Before you look for age bias evidence, it’s important to know your rights as a California worker. The federal government enforces national laws to prevent the disparate treatment of workers. The U.S. Department of Labor aims to protect workers nationwide with the following pieces of legislation:

• The Age Discrimination in Employment Act: ADEA protections prevent age-based termination or hiring guidelines, as well as compensatory differences. 
• The Older Workers Benefit Protection Act: Under federal law, an employee’s age can’t be a factor in the type of fringe benefits they receive, such as health insurance coverage or retirement benefits. 
• The Civil Rights Act of 1964: This act states that businesses can’t discriminate against those based on their sex, color, race, or religion.   

In California, state laws, such as the Fair Employment and Housing Act, protect individuals 40 and older from discriminatory practices in the workplace. Any company with more than five employees cannot discriminate against someone of a protected age class or retaliate if the victim questions the action. 

Be mindful of these legal protections and consult an employment law attorney if you believe you’re the target of an adverse employment decision based on your age. 

How To Prove Age Discrimination at Work: Four Types of Evidence Employment Lawyers Should Know About 

Your employer’s actions are paramount when it comes to building a case. Recognizing and documenting discriminatory behavior strengthens your age discrimination claim. Here’s how to prove age discrimination against older employees. 

1. Document Age-Related Comments

Does your younger boss frequently ask about your retirement plans, even though you don’t wish to stop working any time soon? Are you the subject of jokes from your colleagues due to your age or the age gap between you and younger workers? These comments may not seem like a big deal, but they can be used as direct evidence of age discrimination. 

Some attorneys may even argue that others’ words make for a hostile work environment. Keep a record of the comments targeted at you, such as emails or text messages from coworkers. You can also write down verbal statements about your age, including the date of the comment and who said it. 

2. Highlight Positive Performance Reviews

Say someone is 42 years of age, has a lot of experience in their field, and receives positive feedback on all of their job assignments. Suddenly, they’re laid off from their job while their younger counterparts with less experience stay on. When the fired worker asks their employer for validation purposes, they’re told that poor performance is the reason for the layoff. 

Is this an adverse employment decision due to discrimination? Many older employees find themselves in this situation but don’t know how to prove age discrimination.

Gather documentation that showcases your accomplishments on the job. This may include:

• Positive performance reviews
• Awards or accolades earned
• Your promotion history

3. Review Recent Layoffs

A class action lawsuit may be on your hands if you and several other employees are victims of age discrimination in the workplace. Say a company lays off 20 employees over the course of a year. If more than half of them are part of the protected age class, it could be a deliberate move on the part of the business to hire younger people. 

If you find yourself recently laid off from your job and suspect your age played a role in the decision, see if you can research the demographics of others who were let go by the company. You may uncover a distinct pattern that can strengthen your case. 

4. Assess Your Treatment vs. How Younger Colleagues Are Treated

Learning how to prove age discrimination can be as simple as observing how managers treat you and your coworkers. 

Do you frequently have your vacation requests denied while your younger counterparts constantly take time off? Were you overlooked for a promotion in favor of a younger, less experienced colleague? These are a few scenarios that could point to an illegal case of age discrimination. 

Your employer may not intentionally favor those in a younger demographic, but their actions raise questions about equal opportunities for workers. Take note of any questionable differences in your treatment compared to your coworkers. 

Take Charge of Your Age Discrimination Case

Once you know how to prove age discrimination following an adverse employment action, it’s time to take matters into your own hands. Legal professionals recommend that victims of age discrimination pursue the following steps:

1. Report the Incident: The first step should be to report your unfair treatment to your company’s HR department. This should open an internal investigation and hopefully resolve the issue without escalating it. 
2. File a Complaint: If your initial report doesn’t prove worthwhile, consider filing a formal complaint with California’s Civil Rights Department or the Equal Employment Opportunity Commission. Labor organizations will determine whether the business has a legitimate reason for treating older people differently from younger individuals or whether discrimination is to blame. 
3. Sue the Employer: You can launch an age discrimination lawsuit against your employer as a final resort. An experienced age discrimination attorney can identify discriminatory practices and advocate for employees and job applicants who belong to a protected class. 

Stand Up Against Age-Based Discrimination With D.Law

Now that you know how to prove age discrimination at work, you can team up with an employment lawyer and pursue legal action against your employer. At D.Law, we’re proud to help older workers and younger employees alike combat ageism in the workplace. 

Reach out to us if you’re a victim of age discrimination in California, and we’ll review your legal options. Call (818) 275-5799 or submit our online contact form to schedule a free consultation.