Do I Need An Expert Witness For My Age Discrimination Claim?

We always hear of expert witnesses benefits in personal injury cases, but they are equally useful when it comes to the employment arena. Such experts are tasked with handling discrimination-related issues and helping jurors enforce such rights in making decisions in any employment lawsuit.

One of the most employment areas where expert witness testimony is needed is in age discrimination claims. If you need a lawyer and an expert witness to help you litigate your case, this guide may be of help. Anyone involved in an age discrimination case is required to provide empirical evidence to win a case. Such evidence would require expert witness services.

Age Discrimination

Age discrimination involves inappropriately treating someone based on their age; which is a protected class.  According to the Federal Age Discrimination in Employment Act (ADEA), an employee who is at least 40 years of age should not be discriminated against, whether it be hiring, promotion, training, or any other employment phase. Again, no employee should be forced to retire early. In most cases, you find employers using age instead of basing the standard of employment on a given employee’s experience or qualifications. If this happens and you file a claim and it ensues, the company may be forced to pay for your damages.

Age discrimination is a common occurrence among employees. Unfortunately, employers always get over this when employees lack proof. If your employer wants you to waive your right to sue based on age discrimination, you can look for the best labor employment attorney to help you go over the case.

One main reason is that each state has its own rules when it comes to protected classes. For instance, in California, the federal anti-discrimination laws states that any employer with 15 or more employees with an exception for age discrimination for any employer who has more than 20 employees should not discriminate against such employees. For the state laws, it applies to companies that have more than 5 employees. This shows that state discrimination law offers more protection to employees who may be discriminated against due to age.

Why You Need Expert Witnesses In Age Discrimination

Age discrimination is one area where most employees find themselves stuck. And due to the act of discrimination, it becomes so hard for an employee to litigate and win against a company. Where there is dispute, one would prefer having an age discrimination expert witness:

• Describe the age discrimination case. This enlightens the judge or jury on the signs to look for in the given employment case. For instance, he/she may guide the jury to focus on the promotion papers to be used as trail, or

• Explain the inaction or indirect acts that the employer exercised. These are enormously helpful where age discrimination is difficult to observe.

• In case of a case dispute, they can help the tribunal understand the nature of the evidence provided to make up the broken case.

• The testimony provided by the expert witness produced reliable principles and methods of the fact of the case.

Though men and women equally face age discrimination, research shows that women are more likely to face age discrimination if their facial appearance looks too old. Most companies want to have pretty people or those who seem to be young to ensure office duties or customers are attended to and impressed not only by the service but looks.

If one can prove that they were fired or were not promoted when a company expanded and needed more good-looking youths who would not mind a lower pay, such an employer may face thousands of damages. One may have a claim. But the process of such claims may be too challenging to tackle without any legal help. In such cases, employees should look for a labor lawyer to represent them to receive the proper damages.

One requirement to suing for age discrimination is that you have to file a complaint with the EEOC prior to filing your case. Your case is then investigated for validity. Your lawyer may advise you to hire an age discrimination expert witnesses to increase the chances that your case will move faster or where there seems that disputes may arise.

That way, you will be granted a right to sue immediately, and your lawyer will have it smooth when preparing for your case proceedings such as in the discovery process or when going to trial.

Speak To A Labor Attorney

Age discrimination lawsuits are complex. No one wants to start up a case, pay for fees and costs and later receive a negative case outcome. Whether your age discrimination occurred when applying for a job, or during the promotion process, you should work out your case with an experienced attorney. Such an attorney will advise about the validity of your claim and whether you need an expert witness. He/she knows how to select an expert who is conversant with employment law and policies.