How To Prove Damages For Age Discrimination ?
There are two laws that govern the act of age discrimination. The Equal Employment Opportunity Act (EEOA) and Age Discrimination in Employment Act of 1967 (ADEA). These two acts condemn the act of discriminating a person based on age and not giving an opportunity to be employed, promoted or terminating. Any person who is 40 years and older and is an employee of a company that has more than 20 employees is covered under the act.
To be protected by the laws of ADEA, a person has to fulfill the definition of an employee. According to the ADEA, an employee is a person who has been employed with benefits and works on a salary. For people, who are on daily wages, there are other acts and rules that apply.
A person who has been unlawfully discriminated on the basis of age is entitled to receive damages on accounts of emotional and physical distress, loss of reputation, loss of security, loss of income, compensation of legal fees and several others. A person can also demand a promotion from the existing employer if found innocent.
Age discrimination cases are very difficult to pursue. The employee has to prove it against the employer against all odds. How do you prove damages for age discrimination? You have to collect evidence based on the below conditions.
Did the employer terminate or deny a promotion or reject employment based on your age?
Did the employer give recognition to someone younger in terms of a raise and that individual was doing the same job as you?
Was someone less qualified hired and the same opportunity was denied to you?
When it comes to proving age discrimination, you have to collect every single form of evidence. In very few cases direct evidence of discrimination is presented. It also depends on the employer’s admission of the truth. Unless there is clear evidence to prove, the employer will not even attempt to agree. In some cases of age discrimination, the employer disowns their role and palms it off to another senior manager, such as the head of human resources.
Age discrimination becomes even harder to prove in smaller firms that have just over 20 or more employees. Age discrimination can only proved through circumstantial evidence, and that is why you need an experienced and qualified lawyer to work on your behalf. If the company acted in such a way that it replaced several employees who are 40 and above with younger employees necessarily, then it becomes easier to prove. Under normal circumstances, a company would typically get older employees to quit and then replace them with younger employees.
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