Age discrimination is prohibited under both Colorado and federal law. However, employers often try to disguise negative bias toward older workers behind seemingly legitimate decisions.
While it is easy to feel defeated by the subtlety of this unfair treatment, you still have a right to pursue a claim. Gathering the right evidence can reflect a pattern of behavior that helps your case present credibly and persuasively.
Saving communication logs of discriminatory behavior
Proving age-based mistreatment often begins with documenting messages and emails at work. Company announcements emphasizing “fresh new talent” or “youthful energy” may signal an underlying bias against your experiences. Moreover, messages from coworkers that include teasing or comments about your age can reflect similar sentiments of discrimination.
Along with saving screenshots of these exchanges, keeping notes about what happens around you helps build a cohesive story. Comments made face-to-face can still show biased intent. Having proof of age discrimination both online and in person can show that the behavior is a consistent workplace issue.
Proving your positive job performance
Sometimes, your employer may try to justify your denial of promotion or raise by citing poor performance. You can counter this claim by providing evidence of good work, including:
- Positive reviews from clients
- Work awards
- Praise from superiors and peers
- High performance numbers
You have a right to respond to unfair criticism, especially when you have consistently done your job well and met expected goals. Having clear, dated records of your achievements makes it harder for your company to rely on vague accusations of your “bad” quality of work.
Collecting statements from trusted coworkers
You can strengthen your case with the accounts of others who have witnessed this preferential treatment or experienced similar prejudice. If you observe colleagues below 40 consistently being prioritized for promotions, getting lighter discipline or receiving better projects, collective testimonials help prove that. Having several accounts of the discrimination can establish that your case was not an isolated incident.
Protecting your rights as a worker
Compiling proof of age discrimination can be a path to helping you receive fair treatment in professional settings. In addition to pursuing compensation, your claim can encourage a more inclusive workplace for people of all ages. A lawyer can also assist you in determining your best approach to a favorable outcome.