Discrimination occurs on many levels. It can be because of sex, race, ethnic background, religious beliefs, and, also because of age. If you have been fired because of age discrimination, you may be able to file a claim against your employer. Age discrimination is illegal. You will need to show that age discrimination was the cause of your treatment, so here are a few tips regarding how to proceed with your claim.
If you think that you were fired because of your age, you will need to gather as much evidence as possible. You will need supporting documentation and evidence to get your wrongful termination claim underway. The more evidence that you have that will support your claim, the better off you will be with your age discrimination/wrongful termination lawsuit.
There is a federal law to protect you from illegal discrimination if you are 40 years of age or older. The Age Discrimination in Employment Act of 1967 is a US labor law forbidding employment discrimination against anyone who is 40 or older in the U.S. This law can be used to support your claim against your employer.
How to Prove Age Discrimination Wrongful Termination
The Age Discrimination in Employment Act 1967 (ADEA) is a federal law that prohibits employers from discriminating against any of their employees 40 years or older because of their age. Discrimination here refers to—i.e., includes—hiring, firing, promotion, wage rates, availability for overtime and harassment on the basis and/or because of one’s age.
If you are aged 40 or older, and you have been fired because of your age, you have the right to file a claim with the Equal Employment Opportunities Commission (EEOC). It is important to note that the EEOC only investigates claims made by employees who work in workplaces where there are 15 or more employees.
Most states have similar anti-age discrimination statutes, and if you are in a smaller workplace, you should file your claim with the relevant state agency. Procedures are similar to those of the EEOC.
To file an age discrimination claim, you will need evidence that your employment was terminated because of your age and not for some other reasons such as failure to do a job, performance decline, breaking workplace safety rules, etc. Suitable evidence could include the following:
- Correspondence from your employer in the form of memos, emails, statements and phone calls;
- Performance reviews to show that your performance was not an issue;
- Termination notice showing that you were fired because of your age (e.g. suggesting that ‘younger employees’ were going to replace you);
- Witness statements, e.g. from co-workers who overheard comments made by your employer or management.
EEOC Age Discrimination Cases That Have Already Been Won
The EEOC has won age discrimination cases in the past and could win your case if there is sufficient evidence of age discrimination.
In 2021, the EEOC won a lawsuit filed against Burrow Global after an age discrimination claim had been received from a senior electrical engineer at the company. The engineer alleged that his employment with Burrow Global had been terminated because of his age. He was over 60 at the time of his employment termination. The engineer was able to provide evidence that he had been discriminated against because of his age in the form of actions and statements made by his supervisor. The EEOC’s lawsuit led to $50,960 being paid in back pay to the former employee as well as penalties imposed on the company because of the violation of the ADEA.
Direct Evidence To Gather
Direct evidence is the best way to show that you were fired because of age discrimination. It is direct evidence that shows what happened and how it happened. Direct evidence of conduct, or statements from coworkers and witnesses who reveal a discriminatory motive for your termination, can be strong evidence for your case.
There are several kinds of direct evidence that you can use. As an example, your manager or supervisor made jokes or inappropriate comments about your age. Keep any emails or messages that make disparaging remarks about your age. You will need to be able to demonstrate that you were treated differently due to your age, such as a in the past a younger employee receiving a promotion over you even though you have a much better job performance.
Circumstantial Evidence To Gather
To help show that you were fired because of age discrimination, you will need circumstantial evidence to create a presumption of evidence of discrimination against your employer. You will need different kinds of circumstantial evidence to support your claim.
As an example, you must be a member of the protected class – which means that you are 40 or older, you must be qualified to do the job but they fired you anyway, and your replacement is someone who is much younger. Try to prove a history of age discrimination. Look at the employees and their age – if they company has mostly younger employees, that could help support your case. Keep track of instances where younger employees were treated differently than you.
How To File An Age Discrimination Lawsuit
There are limits regarding who is permitted to file a lawsuit for age discrimination. Generally, you will need to file your claim within 180 calendar days from the date of the discrimination. For age discrimination, the filing deadline may be extended to up to 300 days if there is a state law that prohibits age discrimination in the workplace and there is a state authority or agency to enforce that law.
Any age discrimination claim requires that you file a charge with the Equal Employment Opportunity Commission (EEOC) before you file a lawsuit against your employer. You can file your EEOC claim by mail, online, or in person at the closest EEOC office.
How An Employee Rights Lawyer Can Help
If you have been terminated from employment and you think it was because of age discrimination, you should consult with an employee rights lawyer who is licensed in your state. With the help of an attorney, you are much more likely to have a successful claim and recover damages from your employer. You will work with your lawyer to gather evidence that proves you were wrongfully terminated.
Your employee rights attorney will help you get the EEOC charge filed against your employer. Your lawyer can also gather supporting evidence and documentation to prove that you were the victim of discrimination. With an attorney on your side, you will be able to much more efficiently and effectively pursue your claim against the employer who discriminated against you because of your age.
There is a statute of limitations for pursuing a claim, so you should complete the Free Case Evaluation Form on this page. An attorney in your local area will review the details of your case and determine the best way to proceed with your claim after you have been fired because of age discrimination.
