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Age Discrimination

But there are some states that have laws that could be described as reverse discrimination in situations like this.
             In an Age discrimination case there are several different questions and points that must be answered. The following will help describe some of the key issues in a case like this.
            
             • The employee feels that he or she has been discriminated against because of the employee's age. The employee may file an action against the employer under the ADEA and prove age discrimination. The employee must establish the following four elements to prove to the court that she or he has a claim for age discrimination.
            
             • The employee must prove that he or she was demoted or fired because they were 40 years or older. They simply must prove that they are older than 40 years of age, therefore making themselves a member of a protected class. .
            
             • Adverse employment action taken against the employee, this is proof that the employer made an employment decision that adversely affected the employee in question. This could include a decision not to hire the applicant or even fire the employee.
            
             • Another thing the employee must prove is that he or she is qualified for the position. The position requirements must be proven and not just devised for the purpose of terminating or refusing to hire older workers. The employee must show that he or she can perform their duties at a high level or they may face not being able to continue with their claim. .
            
             • Disclaimer Treatment, this requires an employer to explain there actions if they terminate of refuses to hire an older qualified employee, while at the same time hiring a younger person. This requirement has presented difficulty for the courts. .
            
             • Employers say in the matter, this is where the employer must prove that they did not hire or terminated an older employee because of other reasons.


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