According to the EEOC there has been a substantial increase in the number of age discrimination complaints filed since the recession began in 2007.
While Federal law is supposed to protect workers 40 and older, proving that you have been denied a job or laid off to make way for younger and/or cheaper workers is not easy. See our prior post.
And the Supreme Court has made it even harder. The Court increased the burden of proof the employee must show to win an age-discrimination case. According to the Court an employee must show that age was a “but-for” cause of his or her employer’s actions, and the employer need never show that it would have made the same decision regardless of age.
The Court’s ruling is fundamentally unfair because it makes it very hard for older workers to prove they have been the victim of age discrimination even though EEOC has seen a substantial increase in such activity. Have you been discriminated against because of your age?