Image of What evidence is required to prove age discrimination?

What evidence is required to prove age discrimination?


To establish an age discrimination claim, plaintiff must show that:

  1. she was older than 40;
  2. she was discharged;
  3. she was qualified for the job and met the defendant’s legitimate expectations; and
  4. 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 or call Eric Bachman at (202) 769-1681.


Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.