Claims of unlawful discrimination on the basis of age can be difficult to prove. An employee may show direct evidence of age-based bias that caused an adverse job action. Then the employer will have a chance to demonstrate that it would have made the same employment decision whether or not the employee had been over 40 years old.

Most age discrimination cases are based on circumstantial evidence. In such a situation, the employee will make a case based on circumstantial evidence that an adverse action was taken against the employee because of the employee's age. The employer will be allowed to argue that it made its employment decision based on a factor other than age. Finally, the employee will attempt to show that the employer's explanation is not credible. At the Law Offices of Wenzel Fenton Cabassa, P.A., we have experience in litigating age discrimination claims including those involving layoffs, downsizing and departmental reorganizations.