Proving or Defending Against Age Discrimination Claims in the Workplace

Employees and employers are often confronted with claims of age discrimination in the workplace. Most studies indicate that age discrimination is a real presence in today's workforce. This form of employment discrimination is illegal under a number of different circumstances and in different settings. Unfortunately, age discrimination can be uniquely difficult to prove. Thankfully, there are a number of ways in which you can aid your attorney in helping to back up your claim with solid evidence. If you hope to prove that you are being discriminated against because of your age at work, it is imperative that you let your attorney know if any of the following scenarios have occurred in regards to your situation.

1) statements made to you or directed at you that include age-based comments, or that can be inferred as being age-based;

2) evidence that you were treated differently than those younger than you with respect to the terms, conditions and privileges of employment;

3) evidence that you have been excluded from training, company social events and co-worker lunches due to your age;

4) evidence that you've been denied privileges granted to younger employees, including assignments. allocation of work and work projects, travel, etc.;

5) statements made to you or directed at you regarding your retirement or your longevity at work;

If any of the above factors are present, it would be wise to contact an age discrimination lawyer with experience in bring claims under the Age Discrimination in Employment Act of 1967 (ADEA), or similar state law provisions, such as the Utah Antidiscrimination Act of 1964. In addition, if you are being targeted because of the costs of benefits to you because of your age, or because of the additional premiums associated with your health care or related benefits, you should speak to a lawyer. In some cases, you may also have claims under Section 510 of ERISA.







Age discrimination may be difficult to prove, but it is certainly not impossible to do so. If you suspect that you are being discriminated against at work and may have proof of such treatment, please do not hesitate to speak with an experienced employment law attorney who can help you navigate your legal options.


Please call us at (801) 758-7604, or contact us online at www.utahtriallawyers.net to discuss your situation.