Proving Age Discrimination
To establish an age discrimination claim, the 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” caution is not tantamount to sole factor causation. See Burrage v. United States, 134 S. Ct. 881, 888-89 (2014) (an act is a “but-for” cause “[even if it] combines with other factors to produce the result, so long as the other factors alone would not have done so – if, so to speak, it was the straw that broke the camel’s back.”). In Bostock v. Clayton Cty., the Supreme Court clarified the burden of providing “but for” causation:
Title VII’s “because of ” test incorporates the “‘simple’” and “traditional” standard of but-for causation. Nassar, 570 U. S., at 346, 360, 133 S. Ct. 2517, 186 L. Ed. 2d 503. That form of causation is established whenever a particular outcome would not have happened “but for” the purported cause. See Gross, 557 U. S., at 176, 129 S. Ct. 2343, 174 L. Ed. 2d 119. In other words, a but-for test directs us to change one thing at a time and see if the outcome changes. If it does, we have found a but-for cause.
See age discrimination lawyer Eric Bachman’s insights in a recent ABA Journal article A flood of age discrimination lawsuits is expected from COVID-19 and the economic downturn and his recent Forbes columns:
- If You Are 50+ You Likely Will Be Pushed Out Of Your Job, So Plan Now.
- COVID-19 Layoff Or Pretext For Age Discrimination Against Older Employees?
Experienced and Effective Age Discrimination Lawyers
Our experienced age discrimination lawyers represent victims of age discrimination in actions brought under the Age Discrimination in Employment Act (ADEA) and state anti-discrimination laws. Recently firm Principal Eric Bachman, in conjunction with co-counsel, secured a $1.3 million jury verdict in an age discrimination case.
In addition, Bachman is frequently quoted in the media offering his unique insights about discrimination laws, including in this recent interview with the AARP on Steps to Fight Against Age Discrimination, as well as being quoted in these articles: Sloppy company communication leads to age discrimination lawsuit and 7 signs you’ve been a victim of age discrimination.
If you have suffered age discrimination, contact our experienced and effective age discrimination lawyers today to learn about your rights. To schedule a preliminary consultation, email us at firstname.lastname@example.org or call Eric Bachman at (202) 769-1681.AgeDiscriminationLawyers_Infographic