Friday, October 14, 2011

Do I Have a Case of Age Discrimination

Do I Have a Case of Age Discrimination What is age discrimination? Some have heard of it, but what does it look like? It goes without saying that these cases are difficult to prove because the plaintiff carries the burden of intent to discriminate. Every now and then, a case will come along that – albeit stressful for the employee – is a dream for a plaintiff’s attorney. This evening I came across the following quote “We are looking for people on the younger side.”

If true, I think the owners, in this case the Texas Roadhouse Restaurant, better pull out their check book. Although the plaintiff in the Texas Roadhouse case has the proverbial smoking gun, she still has some hurdles to overcome to prevail in court or obtain a settlement. Generally, an age discrimination plaintiff in a failure to hire case must prove: 1) that she was over the age of 40; 2) that she applied for the job and the job was open; 3) that she was denied the position; 4) that she possessed the minimum qualifications for the job; 5) that she was not hired; and the job remained open or someone younger received the job.

Unfortunately, many employees who experience discrimination do not complain. Any employee who suspects that an employer discriminated against him or her, should contact a qualified labor and employment attorney.