What Evidence Is Required to Prove An Age Discrimination Claim?



Age is a protected characteristic under the California Fair Employment and Housing Act and the federal Age Discrimination in Employment Act. To have a claim for age discrimination, you need to show that you are a member of a protected age group, which means being 40 years of age or older.

Additionally, you must demonstrate that you suffered an adverse employment action, such as being fired, demoted, not promoted, or laid off. Establishing an age discrimination claim involves proving that you were treated less favorably compared to similarly situated employees not in your protected age group. For example, your employer may have targeted only older employees for layoffs while retaining younger workers in similar positions as yours.

To have grounds for an age discrimination claim, you must establish a causal connection between your age and the adverse employment action. This means providing evidence that suggests your age was a motivating factor behind the employer’s decision.

Even if your employer provides a seemingly legitimate reason for the adverse action, it may be a pretext for age discrimination. You can show inconsistencies in the employer’s explanations or present evidence that suggests discriminatory intent.

Two main types of evidence can be used to prove age discrimination: direct and circumstantial evidence. Direct evidence consists of explicit statements, emails, or other forms of communication that directly show discriminatory intent based on age. Circumstantial evidence involves establishing that a pattern of discriminatory behavior exists.

Reporting age discrimination is classified as a protected activity under the law. If you experience adverse action from your employer for speaking up about age discrimination in the workplace, you may have a retaliation claim.

Age discrimination cases can be complex, and the evidence required varies based on each worker’s circumstances. If you believe you have a valid age discrimination claim, reach out to the skilled San Francisco employment lawyers at McCormack Law Firm. We can help you determine how to resolve your situation.

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