Workplace discrimination is not limited to post-hiring, when you have a job. It could play a role in an employer’s failure to hire you in the first place. This includes discrimination on the basis of race, ethnicity, age, gender, religion, disability, or sexual orientation. So how do you prove your case? In this post we provide answers to that key question, using age as the discriminatory motivation.

The first way of proof is disparate impact. Using this approach, you may be able to show that a hiring requirement is not justifiable by business necessity and unfairly impacts older workers. This could take many forms, including that an employee is required to have 20-20 vision, without considering corrective glasses.

The next is disparate treatment. Workers who are successful at their age discrimination claims under this approach will successfully show that they were better qualified than the younger person who was hired. The qualifications that make someone a better choice could include education and experience.

In some cases, direct evidence of age discrimination is available. Examples of this could include the interviewer asking questions about an applicant’s age or when they plan to retire. Other times businesses will come right out and say that an applicant is too old. While this happens less frequently, it is a smoking gun in terms of proving discriminatory intent.New

If you believe that you have not gotten a job due to age discrimination, you should quickly contact an employment lawyer experienced in cases of this nature. Our law firm will be glad to help you investigate the facts, research the relevant federal and state laws, and evaluate the strengths and weaknesses of your claim.

We are here to answer your questions and help you solve your problems.