Age Discrimination Cases Increasingly Difficult to Prove

- Patrick Jordan

Losing employment at any age puts one under great financial strain. But individuals in their 40s, 50s, and 60s may be affected the most. While most likely receiving higher pay, these people also have the most financial commitments, such as a mortgage and retirement savings.

In the past, age discrimination cases were almost effortlessly being won all across the country. However, the case of Jack Gross versus his former employer, FBL Financial, may have changed all of that. Gross, formerly the vice president at FBL Financial was one of a dozen employees facing demotion. Each employee, surely enough, was an older individual. Gross himself was 54 at the time.

Mr. Gross initially brought his case to the lower courts and won. However, when the case for age discrimination was brought to the Supreme Court, he lost. It was ruled that the plaintiff did not have sufficient evidence that age played a significant role in his demotion.

Age Discrimination as a Motivating Factor

Before this case, if employees suspected that age discrimination played a role in them being fired or demoted (despite there being a solid business reason), they had a valid claim. Now an employee must prove to the courts that age was the motivating factor.

Proving Age Discrimination in the Workplace

If you feel that you have been discriminated in the workplace, you have to act fast.

  1. Meet With An Attorney Who Works In Employment Law

Seeking legal counsel is your best course of action in this situation. An experienced employment law attorney will be able to best advise you if you have a case and how to proceed. He or she will be able to go over the anti-discrimination rules and regulations in your area. You’ll also be coached on how to file a complaint with the Fair Employment Practices Agency (FEPA) in your area as well as the EEOC.

  1. Maintain All Evidence That May Indicate Age Discrimination

Your lawyer will go over all of the documentation you had signed in the weeks leading up to your demotion or severance. He or she will also ask you pertinent questions about how you were treated in the workplace and ask about situations or comments that may have occurred that could suggest you were discriminated against.

The employment law attorneys at the Jordan Law Group have been helping employees in the San Rafael area be fairly compensated when they have been treated unjustly in the workplace.

If you believe that your age played a role in being demoted or dismissed from your job, we want to hear from you. Call us today to arrange a one-on-one consultation at (415) 459-9865.