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Proving age discrimination can be difficult because plaintiffs must ultimately establish that their age was a determinative factor in the defendant’s decision. In other words, if not for the plaintiff’s age, the [adverse employment action] would not have occurred.
In failure-to-hire cases, the burden of proof is especially difficult since the plaintiff may be competing for a job against several other qualified applicants. So there could be any number of legitimate reasons why the employer did not hire the plaintiff.
But, last week, the U.S. Equal Employment Opportunity Commission filed a lawsuit under the Age Discrimination in Employment
