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11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof

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US-JURY-9THCIR-11-1
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof refers to a type of employment discrimination based on age. This type of discrimination occurs when an employer treats an employee or job applicant less favorably based on his or her age. To prove age discrimination, an individual must establish that he or she is a member of a protected class (i.e. over the age of 40), was subjected to an adverse employment action (e.g. termination, demotion, etc.), and that the employer’s action was motivated by age. The burden of proof for disparate treatment claims is on the employee or job applicant. The employee must show that the employer's action was based on age, rather than on other reasons. There are two types of 11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof: direct and circumstantial evidence. Direct evidence is evidence that proves age discrimination without any inference or conclusion. Circumstantial evidence is evidence that allows an inference or conclusion of age discrimination.

11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof refers to a type of employment discrimination based on age. This type of discrimination occurs when an employer treats an employee or job applicant less favorably based on his or her age. To prove age discrimination, an individual must establish that he or she is a member of a protected class (i.e. over the age of 40), was subjected to an adverse employment action (e.g. termination, demotion, etc.), and that the employer’s action was motivated by age. The burden of proof for disparate treatment claims is on the employee or job applicant. The employee must show that the employer's action was based on age, rather than on other reasons. There are two types of 11.1 Age Discrimination-Disparate Treatment-Elements and Burden of Proof: direct and circumstantial evidence. Direct evidence is evidence that proves age discrimination without any inference or conclusion. Circumstantial evidence is evidence that allows an inference or conclusion of age discrimination.

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