What is needed to prove age discrimination?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is needed to prove age discrimination?

I was recently laid off after working at a Bay area high-tech company for over 10 years. The research department I was part of, was taken over by a new manager who decided to get rid of me. I’m 52 years old and am suspicious of what happened to me as the department continues to have numerous openings. I’m wondering if I have grounds to sue for age discrimination?

Asked on November 23, 2015 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you believe that you have been illegally discriminated against based on your age, file a complaint with the EEOC (Equal Employment Opportunity Commission) within a certain time frame. Also, you should file a copy of the complaint with your local state office of civil rights. The EEOC will investigate and attempt to resolve the problem informally. However, while the EEOC can file suit against the employer, lawsuits are filed in a very small number of cases due to budget considrations. That having been said, you can sue independently if the EEOC does not.
First, however, you will need to be sure that you can prove your claim. You will need to prove that you were discriminated against and that this treatment was based on your age. You will need to demonstrate by a “preponderance of the evidence” that age was the “but-for cause” of your termination. In other words, you must show that the evidence makes it more likley than not that age was the deciding factor for your firing. This means that your employer would not have done what it did but for your age (i.e. without it the discrimination would not have happened).
d on the limited facts presented. You really need to consult directly with an employment law attorney. Afer hearing all of the details of your situaton, they can advise you further as to your rights/remedies.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption