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Proving your age discrimination claim

Your age should not play a role in how you are treated in the workplace. Age discrimination is a serious issue. Many employees in New York have been victims of age discrimination and have the right to file a discrimination claim against their employer.

Claims of age discrimination can stem from a variety of incidents and behaviors, including the refusal to hire an employee or the harassment of an employee because of his or her age is illegal. 

Age discrimination claims can be complex. You will need to prove that age discrimination occurred but how exactly do you do this?

You will need to prove that your age was the reason for the discrimination. You will need to prove that your employer intentionally took adverse action against you because of your age. Examples include using an employee's age as a factor during hiring or firing decisions, and if harassment results in an adverse decision against you. 

It can be difficult to prove that you were fired because of your age and not due to another factor. To assist with your claim, you should document instances of harassment or discrimination and any other situations you believe involve a decision being made based on your age. Showing that your employer hired a younger employee or evidence of a similar situation can also be beneficial to your claim.

You have rights if you have been the victim of age discrimination. An attorney can ensure your rights are protected and help you explore your legal options. 

Source: FindLaw, "How Can You Prove Age Discrimination?" Christopher Coble, Nov. 13, 2015

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