What are the ways a Senior can prove they were denied employment due to age discrimination?
Prima Facie Case of Age Discrimination
To show that age discrimination has occurred, an employer must prove:
• He or she is 40 or older
• His or her job fulfillment was acceptable
• Employer’s action had affected his or her job negatively
• In a similar position, younger workers were treated better
Proffered Reason
If the employee proves that a prima facie case of age has occurred, the employer may give lawful evidence for non-discriminatory job action.
The pretext for Age Discrimination
Suppose the employee presents a reason for the employment agreement being discussed. In that case, the employee must prove that the employer’s offering evidence for the adverse employment action at issue is false. Intentional age discrimination was the main reason for an employment decision.
Similarly Situated Substantially Younger Employees
Similarly, a younger employee working for the same employer does not need to be under age 40 but must be in the protected age group. The employee working for the same employer must be much younger than the employee who claims age discrimination.
For example, a 70-year-old employee being replaced by a 50-year-old employee can allege age discrimination. But a 41-year-old employee replaced by a 39-year-old employee will have difficulty proving age discrimination, although the 39-year-old employee is not in the protected age group.
