How to Prove Age Discrimination

Age discrimination is an illegal practice. However, it can be difficult to prove. There are plenty of instances when age discrimination can happen and the employer doesn't even think about it. If you think you've been a victim of age discrimination there are a few things you need to do before you move forward.

Being able to prove age discrimination is going to have a lot to do with whether or not you have a case. If you feel like you have been discriminated against because of your age, then it is important that you know how to successfully prove it. 

• Be sure that you are covered by the ADEA. Not all companies will fall under the same rules that the ADEA has. Do some research to ensure that your job is not one of the exceptions to the ADEA. 


• Go over the situation that you are in. It is important that you are able to prove 4 different elements of it in order to successfully prove age discrimination against you. These elements include being over the age of 40 at the time the discrimination happened and being employed by the company at the time. You must also have been the subject to obviously being treated differently than co workers that are younger than you. If you have also been subject to any adverse employment action, then you may be able to prove your case. 


• Get evidence together that will show that you meet each of the 4 elements. If you were fired, then you need to be able to prove that you were replaced by someone younger. 


• Get in touch with your human resources department if you have enough proof. If you are not seeing anything being resolved this way, then contact an attorney that specializes in these cases. You may need to contact the Equal Employment Opportunity Commission.