How to Win an Age Discrimination Lawsuit
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination in the workplace on account of age. Many states also have parallel laws that provide redress for victims of age discrimination. The ADEA addresses discrimination in the hiring and termination process. Damages available to successful age discrimination suit plaintiffs include front-pay, back-pay, treble compensatory damages and attorney's fees. Cases can be litigated either in U.S. Federal Court, or they can be brought in your local state court if there is an applicable law in force within your jurisdiction.
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Things You'll Need
- Documentation of the discrimination occurring after your 40th birthday
- An Equal Employment Opportunity Commission "Right to Sue" letter
- Qualified counsel representing you or thorough knowledge of all the applicable laws within the jurisdiction and venue of your claim.
Instructions
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Instructions
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File suit within 90 days of receiving your Right to Sue letter if you are pursuing your claim in Federal Court. Adhere to your locality's procedures if you are filing in state court. Bring your claim in state court if you do not meet the Federal ADEA's requirement that your employer have at least 20 employees.
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Specifically illustrate in your initial pleading either direct or indirect evidence of the discrimination. Include oral and written statements that support your claim. Follow closely the filing procedures and deadlines enforced by the venue and jurisdiction in which you brought your case.
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Conduct extensive discovery in support of proving your discrimination claim. Use the various discovery avenues open to parties in litigation, including depositions, record requests and written interrogatories.
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Be open to settlement negotiations. Leverage the fact that it will cost your opponent significant legal fees to defend the case to its conclusion, and put aside anger or other emotions. Stay focused on the bottom line of prevailing in the action.
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Go to trial if settlement talks fail. Study and adhere to the applicable court's rules governing a trial if you are representing yourself. Establish through direct or indirect evidence that you were the subject of discrimination because of your age in the context of either a hiring, promotion, pay or termination decision.
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Tips & Warnings
Seek the help of local law school and legal clinic programs. Attempt to hire an attorney who will work on a commission basis with no up front costs. Document the events that surround the discrimination as they unfold.
Do not attempt to represent yourself unless you are well-versed with the applicable laws and court procedures. Per the Dozier Law Group, make sure you file with the EEOC for your Right to Sue letter within 180 days after the alleged discrimination.
