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How to Prove Age Discrimination

A Philadelphia age discrimination lawyer should be consulted if you suspect that you are being treated unfairly by your employer as a result of your advanced age. Only older workers are protected by anti-discrimination laws, so younger workers will not have legal recourse if they believe that they are being discriminated against on the basis of age. However, if you are an older employee and you are subject to any type of discrimination at work, you can pursue legal action in order to recover compensation for the negative effects of the age discrimination that you are forced to endure. 

Curley & Rothman, LLC can provide you with comprehensive assistance in understanding the anti-discrimination laws that apply to workers, including laws against age discrimination. We represent employers who want to avoid age discrimination and provide advice in making sure you put policies in place to protect yourself from liability.

We also provide assistance to workers who believe that they have been victimized by any type of unlawful discrimination, including age discrimination. If you think your employer has treated you unfairly based on your advanced age, call today to talk with a Philadelphia employment lawyer to find out what options you have available to you for pursuing legal remedies.

Understanding Unlawful Age Discrimination

Age discrimination is unlawful under the federal Age Discrimination in Employment Act. Employers are not permitted to discriminate against older employees in any of the terms or conditions of employment. This means employers cannot refuse to hire you, refuse to promote you, or force you to retire or take a demotion as a result of your age. Employers also cannot provide different benefits or job perks to workers based on their age.

In addition to overt discrimination, such as an employer refusing to hire a worker due to his age, there are other types of age discrimination that are prohibited as well. Employers, for example, are not allowed to impose job-related conditions or tests that have the impact of disqualifying more older workers than younger workers.

A job-related test that uniquely disqualifies older workers would be considered unlawful discrimination, even if the employer did not intend for the test to have this effect. Employers are only allowed to impose conditions and test that end up disqualifying more older workers if there is a bone fide occupational reason for the test or job condition.

Hostile work environment discrimination is unlawful as well, and employers can be held responsible for it if they do not take steps to prevent it and have procedures in place to report it when it occurs. Hostile work environment discrimination refers to a situation where someone is made to feel uncomfortable or is treated inappropriately in the workplace because of his protected status, such as his age.

If you are the victim of any of these types of age discrimination, you can pursue a claim against an employer for compensation and damages, including damages for emotional distress. However, you are going to need to prove that the unlawful age discrimination actually occurred and actually caused you to experience some type of harm.

How to Prove Age Discrimination

Proving unlawful age discrimination can be a challenge in certain circumstances. Sometimes, it is easy to show you were discriminated against on the basis of your age. For example, you can point to comments your co-workers made, jokes that were passed around the office, or related instances of abusive behavior in order to show that your were the victim of hostile work environment discrimination. You should keep careful records of any instances of harassing behavior, as well as records of your attempts to report the abuse and get your employer to rectify the situation.

In other circumstances, it is harder. If your employer does not come right out and say you aren't being promoted due to age, or you don't know for sure if a test is disqualifying more older people, it can be a challenge to make a successful age discrimination case. A Philadelphia employment law attorney can help in these circumstances by assisting you in subpoenaing employment records, company policies, and emails.

Getting Help from a Philadelphia Age Discrimination Lawyer

Curley & Rothman, LLC can provide  assistance in proving that age discrimination is occurring within your workplace. We can help you to obtain the necessary evidence, call witnesses, and take other steps necessary to prove you were the victim of unlawful discrimination. Give us a call today at 610-834-8819 or contact us online to find out more. You can also visit our website to learn more about what Philadelphia Age Discrimination Lawyers do for victims of discrimination.