How to Sue for Age Discrimination
- 1). Gather information for your case. Be sure to have your employer's full contact information and number of employees. Write down detailed information about instances of age discrimination you feel you have suffered and when these events occurred. Include the names of the people who committed these acts as well as any witnesses or people who know about the situation. Gather any documents relating to your job performance, such as employee reviews or special awards you may have received.
- 2). File a Charge of Discrimination. You have 180 days to file a charge after the discrimination occurred. You can file the charge at a local federal EEOC field office in your area or your state agency. Each office has its own procedures for the filing of charges. A link to the 53 federal EEOC offices is provided under Resources. A link to local state EEOC equivalent offices is also provided under Resources.
Or you may call the EEOC's main office at 1-800-669-4000 and relay basic information about your claim. The main office will then forward that information to your local field office, which will contact you and help you in filing a claim.
Or you could mail a letter to your local field office with your and your employer's contact information, number of employees, and the circumstances surrounding your age discrimination claim. Be sure to sign your letter or it will not be investigated. - 3). Get a Notice of Right to Sue. The EEOC will investigate your charge. If it does not find that your employer has discriminated against you, you will be given a Notice of Right to Sue. If the EEOC finds that you were discriminated against, it will try to reach a settlement with your employer. If your employer refuses to settle the case, it will be referred to the EEOC legal staff, who will decide whether or not to sue your employer on your behalf. The EEOC annually receives thousands of age discrimination complaints and will only take a small amount of those to court.
If the EEOC decides not to file suit, you will be given a Notice of Right to Sue. You may then proceed to sue your employer in court. - 4). File your lawsuit against your employer in the U.S. District Court in your area. Filing the complaint begins your lawsuit. Age discrimination suits are very complex, so you should hire an attorney to assist you with your case. Pay the 2010 court filing fee of $39 or apply for a fee waiver.
- 5). Have your employer served with the complaint and summons. Any adult or certified process server can serve your employer.
- 6). Attend your age discrimination trial. You and your employer will both present evidence to the judge and jury. To win your lawsuit, there must be a "preponderance of the evidence" on your side, which means it is more likely than not that you were harmed by your employer's age discrimination practices.