How to Prove Age Discrimination in Hiring 

Unemployment filings are at an all-time high in the United States, and while that’s unlikely to change anytime soon, the economy and job sector will both need to be revitalized at the end of this pandemic. When that happens, millions of Americans will be looking for jobs. With that many people applying, it’s inevitable that age discrimination in hiring will occur. 

A study carried out by the University of Tulane studied the prevalence of age discrimination in hiring. The study found that three equally qualified applicants received different job offers depending on their age. The study submitted more than 40,000 resumes to around 13,000 job openings. Those representing the oldest age group received significantly fewer offers.

Age discrimination in hiring is illegal but proving it has been historically difficult. Thanks to new laws passed in 2019, it is now significantly easier for those who have been discriminated against to seek compensation. If you believe you were passed over for a job or discriminated against because of your age, an age discrimination lawyer can help.

Age Discrimination Definition 

According to the U.S. Equal Employment Opportunity Commission (EEOC), age discrimination involves a person being treated less favorably due to their age. Age discrimination in hiring can happen to anyone, but the Federal government places the age minimum at 40. Some state laws, however, do cover younger workers who are discriminated against as well. Based on federal laws, it is not illegal to give someone over 40 preferential treatment.

Age discrimination can come in many forms. Illegal discrimination may involve hiring, pay, job assignments, promotions, firing, layoffs, training, benefits, or any other terms of employment. Age-based harassment may also occur and is also illegal. The EEOC states that harassment includes “frequent or severe” teasing or comments that create a hostile or offensive working environment that may or may not influence employment decisions.

What Are the Age Discrimination Laws? 

The main federal law regarding age discrimination in hiring is called the Age Discrimination in Employment Act (ADEA) and was enacted in 1967. The law is meant to protect “older workers” from discrimination and age limits. The law makes it illegal for employers to refuse to hire, force segregation, or reduce the wage of anyone based on their age.

The law also applies to labor organizations and employment agencies. The ADEA includes a maximum fine of $500 and a maximum imprisonment of a year for those who violate its regulations.

In 2019, however, Congress passed the Protecting Older Workers Against Discrimination Act (POWADA). According to CNBC, this law removes the requirement for those claiming age discrimination in hiring to prove that their age was the main factor in their employer’s decision to hire, fire, or discipline an employee.

In 2009, the Supreme Court reached a decision that denied compensation to a man claiming age discrimination because he couldn’t prove that his age was the sole reason for his employer’s decision. POWADA would reverse that decision, making it much easier for claimants to prove discrimination.

What is the Disparate Treatment Theory? 

According to the EEOC, the disparate treatment theory is a concept used to prove a variety of types of discrimination. Originally used to prove discrimination against black workers, the theory states that discrimination occurs when workers are treated differently based on some aspect of their person. This theory is part of how claimants prove age discrimination in hiring. 

The second theory of discrimination involves the impact that discrimination has: the disparate impact theory. This theory allows claimants to prove that they have been discriminated against by showing the impact that their employer’s discrimination had, rather than the act itself. This means that claimants don’t have to prove that they were treated differently, but rather that neutral policies or practices affected them disproportionately. 

How to Prove Age Discrimination in Hiring 

There are several steps that need to be followed to prove age discrimination in hiring using the disparate treatment theory. First, you have to prove that you were at least 40 years old at the time of the discrimination. Then, you need to prove that you are otherwise fully qualified for the position. Next, you will need to show that you experienced an adverse employment action such as a demotion. Finally, you will need to prove that it was your age that led your employer (or potential employer) to make their decision.

To prove age discrimination based on the disparate impact theory, you merely need to show the specific practice that has a disparate impact on 40 year-olds or older. An example of this is when older employees are let go to hire younger, less expensive staff. This practice may appear neutral on its face.

Should You Hire an Age Discrimination Lawyer? 

As shown, proving age discrimination in hiring is not straightforward. There are different types of discrimination that require different sorts of proof. Because of this, if you think you have experienced age discrimination in hiring, you should contact an age discrimination lawyer for assistance.

Filing a lawsuit can be a challenging prospect, so Top Class Actions has laid the groundwork for you by connecting you with experienced attorneys. An experienced professional can help you make a strong case that may have a greater likelihood of resulting in compensation.

Join a Free Age Discrimination Lawsuit Investigation

If you believe that you were denied employment for a job which you were qualified for because of your age, you may qualify to join this age discrimination in hiring lawsuit investigation.

Get a Free Case Evaluation

This article is not legal advice. It is presented
for informational purposes only.