Legal Question in Employment Law in Massachusetts
Age Discrimination
How do you prove age discrimination? I have been harrassed and intimindated constantely from my boss. He wants me to quit so he won't have to deal with firing me without any grounds. I do everything I am told and never miss a day of work. But my evaluations keep getting worse. I feel I am being set up but don't know what to do. He has stressed me out to the max. I had to have EMT's come at one point. Do I have any rights or does Employee at will give them the right to harass you to death.
2 Answers from Attorneys
Re: Age Discrimination
Generally, age discrimination is proved by two methods. The first is by direct evidence of discriminatory animus. For example, statements made by managers or supervisors such as "we need new blood," "we need to clear out the dead wood," or "we have too many dinosaurs." The second means of proving discrimination is by comparing the treatment of the alleged victim of age discrimination with the treatment accorded one or more younger employees. Generally, protections against age discrimination only apply to workers over 40. Of course, harassment that is severe or pervasive because of a worker's age is illegal.
Re: Age Discrimination
You may have an age discrimination claim. You need to show that you are over 40 and that this does not happen to workers younger than 40. Please feel free to contact me to discuss this matter.
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