Age discrimination is all too common in the workplace. Tens of thousands of reports about age discrimination are made to the EEOC (Equal Employment Opportunity Commission) annually. If you believe you have experienced age discrimination as an employee it is important to understand how you can prove that it happened to you. Work with an Atlanta age discrimination attorney to learn more about your rights and how you can document your experience.
What Laws Protect Employees Against Age Discrimination?
Both federal and state governments enforce laws designed to protect employees against all types of discrimination, including ageism. The Age Discrimination in Employment Act (ADEA) is a law enforced by the EEOC forbidding discrimination against workers who are 40 years old or older.
Georgia state law also has a code prohibiting age discrimination in employment. This law protects any individual between the ages of 40 and 70 from discrimination, given that they are qualified to perform the functions of the job both physically and mentally.
Both of these laws prohibit the following.
- Hiring, firing, promotion, or demotion decisions to be made based on age
- Job assignment decisions to be made based on age
- Any condition of employment to be made based on age, like bonuses, benefits, and more
- Harassment based on a person’s age
- Implementation of employment policies if they have a negative impact on applicants or employees aged 40 or above
How Can I Prove Age Discrimination?
If you believe that you have been the victim of age discrimination it is crucial that you obtain evidence proving your claim. Consider the following ways you can prove discrimination.
- Document your experiences in detail. If your coworkers or supervisors have been harassing you or making offensive remarks about your age to the point that it creates a hostile working environment, you must note pertinent information. Document the names of the people harassing you, the names of any witnesses, the date and time of the encounters, and more.
- Collect documentation regarding any unfair discipline you have received. Maybe you are being chastised for showing up late to a meeting even though you are always on time, while a younger employee strolls in late every day and is not reprimanded. Document each instance of this including similar situations where younger employees were not disciplined for the same actions.
- Keep tabs on decisions made by superiors. Were you passed up for a promotion that you objectively deserved? Were you fired and a significantly younger candidate replaced you in your role? While it can be difficult to prove, collect direct evidence like any spoken or written questions regarding your age, your qualifications and performance, and how it shows that you should have been promoted over the younger employee, etc.
- Identify patterns. One of the best ways to prove age discrimination is by collecting evidence showing a pattern of your employer hiring or favoring younger employees over more qualified older candidates.
Work with an experienced employment attorney to collect and present evidence proving you have been discriminated against.
