3.06 Willfulness: Where Age Discrimination is Alleged is a legal concept that applies to employment discrimination cases where the employee claims that they were discriminated against on the basis of age. It is used to determine whether an employer acted with the intention of discriminating against the employee. This concept is often used in cases of age discrimination in the workplace, where the employer is accused of intentionally discriminating against an employee based on their age. Willfulness can be established by showing that the employer knew or should have known that their actions would have a discriminatory effect on the employee. The two types of 3.06 Willfulness: Where Age Discrimination is Alleged are: 1. Actual Willfulness: This type of willfulness involves an employer acting with the intention of discriminating against an employee based on age. 2. Constructive Willfulness: Constructive willfulness is when an employer knew or should have known that their actions would have a discriminatory effect on the employee, but they did not act with the intention of discriminating against the employee.