What are the elements of an age discrimination claim?
The elements of proof will vary depending on the exact factual circumstances. Generally, there are two types of proof of age discrimination. The first is direct evidence of the employer s discriminatory intent. This type of evidence is very rare, but usually takes the form of oral statements that the employee is “too old” or “there is too much white hair in this company.” Once the employee has shown direct evidence of age discrimination, the burden of proof shifts to the employer to prove that it would have taken the adverse action even without the discriminatory intent. In most cases, however, the employee does not have direct evidence and must rely on indirect, or circumstantial, evidence. In this type of situation, an employee has a valid claim for age discrimination if she can prove: • She was over 40 years of age (a member of the protected class) at the time of the adverse employment action; • She was an employee of the employer at the time of the adverse employment action; • She
