Civil Litigation

Age discrimination involves treating an applicant or employee less favorably because of his or her age.

Complaint in Federal court for age discrimination:

To establish an age discrimination claim, plaintiff must show that:

–she was older than 40;
–she was discharged;
–she was qualified for the job and met the defendant’s legitimate expectations; and.
–her position remained open or was filled by a similarly qualified individual who was substantially younger.

An average out of court settlement is about $40,000. In addition, 10 percent of wrongful termination and discrimination cases result in a $1 million dollar settlement. The majority of cases, about 67 percent, are ruled in the plaintiff’s favor when taken to litigation.

What are grounds for age discrimination?
The employee, at the time of the act alleged to be discriminatory, is 40 or older; The employee is qualified for their job position; The employee experiences an adverse employment action; Adverse actions include actions such as demotions, firings, or changes to the terms, conditions or privileges of employment); and.