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Circumstantial evidence can include statistics that show a pattern of discrimination against older workers, evidence that younger workers were treated more favorably, or evidence that the employer had a policy or practice that discriminated against older workers.
How to Fight Back Against Age Discrimination Talk with a supervisor. ... Keep a log. ... Lodge a complaint with the company. ... Get a lawyer. ... Submit an inquiry to the EEOC. ... Consider mediation. ... File a lawsuit. ... Support POWADA and other legislation.
To have a prima facie case of age discrimination, an employee must establish that: They are 40 years old or older (or the protected age class as defined by state statute) Their job performance is satisfactory. Adverse job action was taken against them (e.g., termination, demotion, or a pay cut)
Proving Age Discrimination Happened to You Show that you are in the protected age class. ... Prove that you were replaced by a significantly younger person. ... Prove that a policy was implemented that detrimentally impacted and/or targeted older workers. ... Prove that younger employees of similar capabilities were treated better.
Under the ADEA, it is unlawful to discriminate against any individual who is 40 years of age or older because of age in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.