How do I prove a case for age discrimination?

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How do I prove a case for age discrimination?

I am currently looking for employment in the telecommunications industry. Recently I interviewed with a company and made it to the final interview where it was my understanding that this was to be just a formality prior to hiring me. I have over 20 years experience in this industry and was obviously a great candidate for the position. During the process the hiring manager made several comments concerning my age (I’m 49) and it was obvious to me at my meetings in their office that I was somewhat older than the other employees. The other people I interviewed with were at a minimum 10 years younger than me. At the final interview I was informed that the hiring manager had decided to go with another candidate. I understand that this happens because in this job market there are many very qualified candidates looking for employment. However, what really bothered me was the hiring manager actually made the comments that my competitor in the position was much younger and seemed to “really want the job” even though he did not have nearly as much experience and success in the industry. Again, he kept mentioning this over and over. As well he stated concern that I was a single father. To be honest I couldn’t believe my ears. He even stated that my competitor was “much younger and was single”. I am not the type to sue anyone but this was of great concern to me and my first experience of discrimination; it was just so obvious that was the issue. I have actually worked with this company in the past as a partner supporting them and was recommended by several of their employees. The vote is that the hiring manager is an idiot. Do I have any recourse?

Asked on August 1, 2011 Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes you absolutely have recourse. Consider suing them and consulting immediately with an attorney who has experience in labor law and age discrimination plaintiff lawsuits. Write down everything (similar to what you have done here) and include as much information as possible. Think about all that was said and when and how you responded, how long the interview was, who indicated he was an idiot, the precise interviewing process, how much knowledge you have and of course, if there were other witnesses. Your lawyer can subpoena notes, emails, letters and depose people. Before you file a complaint with your local labor board, consider that all of this information could help you in both a private civil suit and an administrative consumer complaint. Immediately contact attorneys. Check out their disciplinary record in the State bar's records and decide what best approach to take. The worst move is to do nothing; he will continue to behave this way and far worse if no one stops him.


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