-Statistics (an all white, male executive team or a higher than expected proportion of older workers laid off), Other cases of discrimination, Pretext (bogus reasons given for employment decisions to cover up the unlawful reason), Better treatment of people outside of the protected class who have equal or lesser qualifications
(www.myemloymentlawyer.com) .
After reading I have learned that it is not illegal to discriminate against someone for being "too young." In fact, the anti age discrimination laws do not protect anyone under 40, I found this very unusual since there is a law for everything. The purpose of these laws, and the way they are written, are to protect workers from discrimination on the basis of being "too old." (www.discriminationattorney.com).
http://www.discriminationattorney.com/article-age.html.
Age discrimination cases can receive the largest damage awards from juries, even compared to the more publicized sexual harassment cases. There are a variety of reasons for this. Some are strictly legal; others have more to do with the emotional attachment jurors often have to age discrimination cases according to discrimination attorneys. .
When advertising for postions at your company, I learned that the ADEA makes it unlawful to include age preferences, limitations, or specifications in job notices or advertisements. As a narrow exception to that general rule, a job notice or advertisement may specify an age limit in the rare circumstances where age is shown to be a "bona fide occupational qualification" (BFOQ) reasonably necessary to the essence of the business."" (www.eeoc.gov) .
With Benefits "The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to specifically prohibit employers from denying benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
