How to Prove Age Discrimination | Mann & Elias
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How to Prove Age Discrimination


As people are finding out in today’s world, they are having to work far longer than they may have planned on only a few years ago. Because of this, the modern workforce is filled with people who are in their 60’s, 70’s, or even beyond. Yet even for those individuals who are 40 years of age or slightly older, age discrimination can become a major concern in the workplace. Though illegal under federal law, age discrimination can run rampant within a company, leaving well-qualified and experienced employees facing demotions, layoffs, and firings that are unnecessary. Yet even if you know you have been the victim of age discrimination, you will need substantial evidence to back up your claims. To make sure you are able to win your case, work with an employment attorney in Los Angeles discrimination victims turn to at Mann Elias.

Age Discrimination Employment Act

A federal law, the Age Discrimination Employment Act was created to protect job applicants and employees who are at least 40 years old from being discriminated against by employers based on their age. As to activities covered by the ADEA that are classified as discriminatory, these include failing to hire, refusing to hire, or discharging a person due to their age. In addition, if an employer treats a person differently in terms of compensation or the terms and conditions of their employment based on their age, it is a violation of the ADEA. If you were subject to violations such as these, consult with age discrimination lawyers Los Angeles residents trust to handle these cases from Mann Elias.

Who Must Abide by the ADEA

While you may think the ADEA applies to all employers in the United States, that is not necessarily true. Based on federal law, the ADEA applies to all private employers that have at least 20 employees and engage in interstate commerce when conducting business. Along with this, it also applies to public employers. Thus, should you be working for a small business with fewer than 20 employees, you may have a harder time winning your age discrimination lawsuit. Nevertheless, no matter your job situation, you should always hold those responsible for age discrimination accountable for their actions. To do so, turn to legal professions for discrimination at Mann Elias for assistance and legal advice.

Disparate Treatment

Under the ADEA, your age discrimination claims may be proven under the theory of disparate treatment. Within this area, this means you as the employee must prove intentional discrimination took place. To do so, you must show certain actions occurred, such as you were let go of your position despite being well-qualified and that you were replaced by a much younger employee. In addition, you must have been at least 40 years old at the time the event took place. To win a disparate treatment lawsuit, you must prove to the court that the legal reason was the “but-for” rule. By this, it means you must prove that the adverse action against you took place solely due to your age.

Disparate Impact

Under the disparate impact theory, you will not have to prove intentional discrimination took place. Instead, you will be focused on proving your employer has practices in place that have much greater negative effects on older workers than those who are younger. Often considered very difficult cases in which to prevail, it is vital you work with an LA workers’ rights attorney who will fight hard in these cases. By hiring the services of Mann Elias, you may be able to identify specific employment practices that largely impact older workers at your company, such as various screening tests and procedures used to single out older workers who may be paid higher wages than younger employees. With these procedures in place, older workers may be getting laid-off at rates much higher than younger workers, leading to a disparate impact. Since it will take extensive examinations of employment records to uncover a pattern of age discrimination within the company, put your trust in the LA lawyers of Mann & Elias.

Employer Defenses

When you begin an age discrimination lawsuit against your employer, you can expect your employer to put up a vigorous defense of their employment practices. In addition, the employer will probably have vast legal resources at its disposal, and could try to make the case drag on indefinitely in hopes you will get discouraged and drop your lawsuit. Once these cases begin, your employer may claim it has legitimate reasons for doing what it does. Very often, the employer will attempt to shift the blame toward you as the employee. When this happens, your job performance will come under intense scrutiny, so be prepared for many things to be said about you from a professional and even personal standpoint. While your employer may try to make you feel embarrassed along the way, do not let this discourage you from following through with your lawsuit. Rather, become more determined than ever and work with workplace age discrimination attorneys at Mann & Elias.

Hearings and Deadlines

Since an age discrimination lawsuit will take months to get resolved, you should be prepared to be present for many hearings and deadlines during the process. Working closely with your attorney, you will need to have as much evidence as possible to back up your claims, which should include performance reviews and other documents detailing your ability to do your job to the highest possible standards. Along with this, make sure you and your attorney are aware of filing deadlines with courts, since missing just one could derail your case.

When you are struggling with ageism in the workplace, schedule a consultation with Mann & Elias to discuss your situation in much greater detail.


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