How Can I Prove Age Discrimination in the Workplace?
Posted November 7th, 2024.
Categories: Blog.
Age discrimination is an unfortunately common occurrence in the workplace. Older employees are finding themselves passed over for promotions, fired and replaced with younger candidates, and generally looked down upon in the workplace. If you have experienced age discrimination at work speak with a Cherry Hill employment law attorney to learn how you can prove your experience and get justice.
What Laws Protect Workers from Discrimination Based on Age?
Both federal and state laws protect employees from age discrimination. The Age Discrimination in Employment Act is enforced by the Equal Employment Opportunity Commission and the New Jersey Law Against Discrimination is enforced by the NJ state government.
Both of these laws prohibit the following from being based on the applicant or employee’s age.
- Hiring
- Firing
- Promotion
- Demotion
- Job assignment
- Training
- Benefits
- Policies
- Harassment
How Can I Prove Age Discrimination?
Whether you were hired, fired, passed over for a promotion, or harassed based on your age, it is crucial that you have proof to back up your claim. If you are 40 years or older and believe you are experiencing age discrimination in the workplace, consider the following ways in which you can prove it.
- Document your experience: If you are being harassed, write down important and identifying information. Note the date and time of each instance, the names and job titles of those involved, the names and job titles of anyone who witnessed the harassment, etc. If there is written evidence like an email, text, drawing, etc. keep a copy as proof.
- Note unfair treatment: Maybe you are being disciplined for actions that younger employees are getting away with or your employer promoted another employee despite the fact that you are the most qualified individual for the job. Make note of the instances of disciplinary action and document times that other employees behaved similarly and were not reprimanded. Outline the reasons that you were more qualified for the role and promotion than the other employee.
- Identify patterns: If you are experiencing age discrimination there is a good chance that it has been done in your company before. Look into hirings, firings, and promotions in the past few years to see if younger employees are being consistently favored over more qualified but older employees.
- Gather evidence of exclusion: If you are being left out of meetings or conversations that you used to be included in, write down the dates, times, and content of the meetings to compare with previous conversations where you were welcome. You may also identify policies that negatively impact or specifically target employees over the age of 40. Make note of any changes that affect older employees.
- Work with an employment discrimination attorney: Hiring a lawyer is a great way to prove your experience. They will be able to assess the situation and help you gather and present evidence in a compelling manner to support your claim. Reach out to a skilled attorney today for more information.
