The process of suing your employer for age discrimination can be complex, lengthy, and time-consuming. In most cases, you will need an employment lawyer to represent you and help you achieve the best outcome.
Age discrimination occurs when an employer or managerial staff treats employees and job applicants unfavorably based on age. This behavior can be perpetrated against any age group but is often rooted in biases, misconceptions, and harmful stereotypes against older people.
Proving age discrimination in hiring can be challenging but is possible through direct evidence, such as age-related comments during interviews, disparate treatment evidence showing a pattern of hiring younger employees despite older candidates being more qualified, and disparate impact evidence where policies ...
An employer's use of the term “overqualified” may be a sign of age discrimination. It is unlawful for an employer not to hire an experienced older person based solely on the assumption that they might become bored or dissatisfied and leave the job.
To establish an age discrimination claim, the employee must show that: they were older than 40; their suffered an adverse employment action; they were qualified for the job and met the defendant's legitimate expectations; and.