To establish an age discrimination claim, plaintiff must show that:
- she was older than 40;
- she was discharged;
- she was qualified for the job and met the defendant’s legitimate expectations; and
- her position remained open or was filled by a similarly qualified individual who was substantially younger.
A plaintiff suing under the ADEA must show that “but for” age discrimination, the adverse employment action would not have occurred. “But for” causation is not tantamount to proving a sole cause.
See Eric Bachman‘s column in Forbes: If You Are 50+ You Likely Will Be Pushed Out Of Your Job, So Plan Now.
If you have suffered age discrimination, contact us today to learn about your rights. To schedule a preliminary consultation, email us at email@example.com or call Eric Bachman at (202) 769-1681.AgeDiscriminationLawyers_Infographic