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Age Discrimination at Work

Federal law and many state or local laws prohibit employers from treating an employee or applicant for employment worse because of their age. Federal law protect employees who are 40 years of age or older from discrimination based on their age. Age discrimination may include, for example, being denied promotions, paid less, given worse job assignments, excessively monitored or scrutinized, being denied training opportunities, or being forced out of your job or fired, among other various other employment decisions that affect your job.

There are several ways to prove that you experienced age discrimination. One way is to show that your coworkers of a different age were treated better than you. Another way is to show that the decision maker, supervisor, or boss who made employment decisions that affected your job used age-based remarks, jokes, or comments. You do not need direct evidence to provide age discrimination. In fact, direct evidence is uncommon in discrimination cases. Most age discrimination plaintiffs prove their claims with circumstantial evidence. Circumstantial evidence of discrimination is evidence that raises a reasonable inference that your age motivated your employer to treat you worse. Some examples of circumstantial evidence, include suspicious timing, ambiguous statements, different treatment, personal animus, or any other facts that can help a jury infer that you experienced discrimination. 

Laws against age discrimination also protect employees over the age of 40 from harassment based on their age. Harassment, such as offensive comments, jokes, derogatory statements, hurtful remarks, or other offensive treatment, which causes a hostile work environment is unlawful. 

Please call us for a FREE consultation with an employment attorney. We will discuss your facts and evidence, evaluate your case, and let you know whether we can assist you. 

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