Find an Expert Witness

Forensic, General & Medical
Expert Witnesses

Age Discrimination Expert Witness Testimony in Employment Cases

Discrimination against someone based on age is a common occurrence, but employers are able to get away with these actions due to the lack of proof. Expert witnesses are necessary in these claims when the company discriminates for someone either too young or too old to demonstrate evidence to the judge or jury.

Many elder workers attempt to find a career or job later in life. There are more companies that will discriminate against these individuals than have intentions of taking them on in the business. Because of these events, the elderly may have need of lawyers and expert witnesses to litigate. These same situations arise when the person faces unreasonable termination based on age. After a certain age, the worker may seek retirement, but some companies force these employees out of the job. The lawsuit happens when the circumstances are unfair, unreasonable and lead to complications for the elderly. This may include loss of pension or an inability to retire based on funds.

Types of Discrimination

Based on age, a woman is often more likely to face discrimination if she is too old or does not have the appropriate look. For a company, the want is to have
someone young and pretty to answer phones or ensure the office duties are carried out without any fuss. In the past, this was usually not an issue until gender equality became important in the business and in society. Men face the same problem in age when a company expands, has new clients or when he must compete with others younger and that acquire less pay. These practices are illegal, but they perpetuate based on stereotypes and harassment of certain employers and supervisors.

Some men and women face discrimination when they are too young for a position. Even with the equivalent education or employment behind them, they face these problems with businesses seeking professionals. The policy must not include a standard of age, but based on experience and the opinion of an employer, a person may face discrimination based on youth. Many positions remain open for months to years due to these practices. If a lawsuit ensues, the company could face thousands or millions in damages. However, because the act of discrimination based on age is difficult to prove, an expert’s hire should provide better chances of informing the judge and jury of what signs to look for in these incidents.

Employment Cases

Discrimination in employment is why most potential employees litigate against a company. Either the incident occurs during an interview for the job, or the worker is within the business and has faced a supervisor or manager that incites the incident. This could entail losing a promotion, not getting a raise and not acquiring benefits. The primary focus on discrimination is that others of the same class or rank receive these amenities. Compared to reasonable business practices, the victim should under normal and fair circumstances obtain the same benefits or features in the business. When it may appear that discrimination occurs, a lawsuit might arise.

An expert witness is often necessary to demonstrate and explain the discrimination. Visual aids are immensely helpful in these situations because these incidents are generally difficult to observe. Some cases include discrimination that requires following a paper trail. The activity is not viewable based on what the supervisor did. The judge or jury must focus on the documentation for promotions, raises and other benefits. Other management may not even complete any action. Their discrimination occurs through inaction or indirect acts. The expert’s knowledge and skills become invaluable in discovering the incident when the employee feels he or she has sustained injury through discrimination.

The Age Discrimination Expert Witness

Many experts with an age discrimination specialty have experience in employment laws, policies and human resources procedures. Many HR departments handle discrimination cases and claims, and this is frequently the first step in an incident report. After the HR personnel does not assist the employee or potential employee, he or she may seek professional help. A lawyer is generally the first stop, and then the legal representative will hire an expert that understands how discrimination occurs.

Labor and employment laws are diverse, and they are not often the same in different states. A local or state expert’s testimony helps local cases. Through understanding how the mistreatment occurred and what evidence exists, the expert may detail the problem with confidence so the judge and jury may deliberate with all the necessary information in these claims.

Provided by

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Find an Expert Witness