Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
In order to make a successful claim for age discrimination
you must first establish a prima facie case as follows:
In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:
presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination. See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).
I realize that the case cited applies to a termination
of employment, but the standard is used for any disparate treatment by an employer applied due to the age of the employee.
Once you are able to establish that you and your colleagues were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.
To start the process, contact the EEOC
at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.
It is the same basic process for racial discrimination
, as well. The main thing to understand is that once you make a prima facie showing, the burden shifts to the employer to show that they had a non discriminatory reason for taking the action they did.
Also, they may not punish you for filing a grievance based on discrimination or they will face further liability.
I hope this answers your question and is helpful.
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