Age Discrimination on the Rise: Proving Age Discrimination by Indirect Evidence – See NY Times Article

We are frequently asked what are the common traits of an age discrimination in employment case and how can you prove age discrimination when there are no ageist statements by the employer. The applicable laws, the Age Discrimination in Employment Act (ADEA), the Pennsylvania Humans Relations Act (PHRA) and the New Jersey Law Against Discrimination (NJLAD) permit age discrimination cases to be proven by indirect evidence. What type of indirect evidence can prove age discrimination? A good start is when an employee has had a long-term of employment with the same employer, the employer’s view of the employee’s performance suddenly changes as the employee nears what some incorrectly assume may be a “retirement age”, and many times the employee’s supervisor has recently changed. The link to this article from the New York Times illustrates what happened to Richard L. White, who was the Director of Career Services at Rutgers University for 22 years and is representative of the type of facts which are common in age discrimination cases:

For more information on age discrimination and Abramson Employment Law see


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