How to Prove Age Discrimination When Fired or Forced to Retire

If you are over 40 years old, age discrimination at work may start with teasing comments, but it’s no joke when you lose a job on the basis of your age, not your ability. However, proving that you were fired, forced to retire or not hired in the first place because of your age can be daunting. As legal advocates for victims of age discrimination in the workplace, Jonathan Perkins Injury Lawyers in Connecticut is educating older workers about the many forms of age discrimination at work as well as the legal requirements to file a claim.

“Many Baby Boomers who had planned to remain in the workforce suffer significant long-term financial losses after an involuntary separation from their company,” said Attorney Jonathan Perkins, founder of Jonathan Perkins Injury Lawyers. “If you think you were unfairly targeted, the first step is to consult an attorney who can guide you through the process.”

Age discrimination is illegal at any stage of employment, including during hiring, promotions, raises and layoffs. The law also prohibits workplace harassment because of age by coworkers, supervisors or clients.

Older workers are protected under The Age Discrimination in Employment Act of 1967 (ADEA) that promotes employment of older persons (over age 40) based on their ability rather than age and prohibits arbitrary age discrimination in employment. The ADEA applies to employers which have at least 20 employees. Also prohibited are mandatory retirement ages with a few exemptions, such as airline pilots and public safety workers.

Attorney Perkins explains that here in Connecticut, lawmakers are taking steps to reduce age discrimination in job hiring by proposing Bill No. 6113 to prohibit asking on an employment application about an applicant’s date of birth or date of graduation.

“In order to have a case, you will need evidence that your employer was motivated by discrimination when making an employment decision,” Perkins clarified. “You also need to prove that you suffered damages as a result of the discrimination. In addition to lost wages, employees who have been discriminated against can also recover for the loss of benefits like insurance and profit sharing.”
Attorney Perkins suggests the following when building a case to prove age discrimination:

· Save communications like memos, letters, emails, and phone messages that contain biased language. Also make note of comments by co-workers that demonstrate age bias against you. For example, “I know it’s harder for people of your generation to understand new technology.”
· Get a copy of your employment contract (if there is one) and highlight what was not followed to serve as proof of discrimination.
· Compare how you were treated differently from younger co-workers for promotions, layoffs, etc.
· Find any prior age discrimination lawsuits against your employer. While they may not prove your case, they may help in a settlement situation.
· Gather documents related to your salary and fringe benefits; for example W-2 and 1099 forms, statements showing 401(k) plan contributions and profit-sharing plans, and insurance (life, health, and disability)
· File a charge with the Connecticut Commission of Human Rights and Opportunities (CHRO). A claim must be filed within 180 days of the discriminatory act.

According to a 2018 report from the federal Equal Employment Opportunity Commission (EEOC), nationally there were 18,376 age discrimination complaints submitted in 2017 with the number of complaints filed by women, blacks, Asians and workers over the age of 65 nearly doubling in some cases.

In 1990, men filed almost twice as many ADEA complaints as women. But in 2010, the number of age bias complaints filed by women passed those from men for the first time. The percentages of age discrimination charges filed by African Americans and Asians doubled by 2017.
Still, the EEOC believes that most incidents are not reported.

“Don’t let the complex process of proving age discrimination deter you from seeking justice,” concludes Attorney Perkins. ”Ageism in the workplace can lead to unfair and illegal treatment that can be economically devastating. If you wish to pursue a claim, Jonathan Perkins Injury Lawyers will support you every step of the way to protect your future.”

Jonathan Perkins Injury Lawyers

Jonathan Perkins Injury Lawyers is committed to fighting for clients who have suffered injuries. The firm has handled thousands of cases and has recovered hundreds of millions of dollars in damages. Jonathan Perkins Injury Lawyers represents clients in practice areas including auto accidents, product liability, dog bites, medical malpractice, nursing home abuse, premises liability, slip and fall accidents, wrongful death, workers’ compensation injuries, Social Security claims and employment discrimination claims. The firm has offices in Hartford, New Haven, Waterbury, Bridgeport and New London. Se habla Español. For more information or to schedule a FREE consultation, visit www.800perkins.com or call 1-800-PERKINS.