Learn how to fight age discrimination and win.
En español | Age discrimination, just like discrimination based on race or gender, is illegal. The Age Discrimination in Employment Act of 1967 (ADEA), which celebrates its 50th anniversary this year, prohibits discriminating against workers age 40 and over during all stages of employment, including hiring and layoffs. Despite that law, however, it can be difficult to win age discrimination cases in court. Here are five things you should know.
1. Age discrimination can be hard to prove, so be sure to keep careful notes of any evidence.
According to a 2009 U.S. Supreme Court decision, plaintiffs must meet a higher burden of proof for age discrimination than for other types of discrimination. The clearest indicator of intentional discrimination is when an employee demonstrates that an employer is acting because of a belief that a worker has diminished capacity because of the worker's age, says Patricia Barnes, an employment discrimination expert and author of Overcoming Age Discrimination in Employment.
Another strong sign is if a supervisor makes comments about age or sends younger workers to a training course but not older workers, Barnes says. "I always advise keeping some kind of notebook about each incident, who was there and how it made you feel," she suggests. Then, it's easier to demonstrate a pattern in court.