Q: What proof do I need to prove age discrimination?
A person has replaced my position whom does not meet the positions qualifications. Several company people have said, "this just is not right." The company did not fire me but they have demoted me to a lower position with lower pay. (Until this happened---no negative feed back from management).
A: Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have a chance to explain why you were not hired and then you will have to prove that their reason is untrue and just a pretext to discriminate.
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