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Proving Age Discrimination in Hiring and Promotions

9/14/2012

 
proving age discrimination in hiring and promotions in california
Age discrimination at workplace is one of the harder claims to prove in court, because although many employer tried to get rid or not to hire older workers, obtaining proof of such discrimination is often a big challenge. Nevertheless, because the courts are aware of how easy it would be for employers to get away with firing or nor hiring or not promoting older workers, judges heavily rely on circumstantial evidence of discrimination in allowing cases to move forward to trial on age discrimination claims. 

For instance, in Shelley v Green (2010), an older employee was not given an opportunity to be promoted while several others, younger ones, were. In making a favorable ruling to the employee, the court took into account a number of facts that suggested that age discrimination might have been involved in the decision not to promote the plaintiff.

First and foremost, the court considered the fact that the managers, who interviewed the potential candidates for promotion, inquired bout the projected retirement dates for employees to be a significant evidence of of potential discrimination, as that suggest that the issue of age was a relevant factor in promotion decisions.

Secondly, the fact that the plaintiff's qualifications were far superior than those who were selected for promotion, suggested to the court that an improper and unlawful discriminatory reason played a role in not selecting the plaintiff for promotion.  

The employer argued, among other things, that age bias cannot be inferred from not promoting plaintiff, because other employees of similar age were interviewed for the same promotion. However, the court found that because none of those who were interviewed were actually promoted, that argument was not persuasive.


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We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
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  • Submit Case
  • Contact
  • Resources
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    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case