Age Discrimination in Employment Suits: A Practical Guide

Age discrimination occurs in numerous forms but is rarely overt and unconcealed. The elderly often suffer discrimination in employment without the appearance of blatant violations on the part of the employer. For the most part, the aggrieved party must look to the total surrounding circumstances in order to determine if some form of discrimination has taken place. It is therefore important that the attorney become sensitive to the intricacies of the law of age discrimination in employment in order to protect the rights of his clients. This Note is written in the hope of providing the attorney with the practical information-that may be of use in the preparation of an age discrimination suit. In surveying recent federal decisions in the area of age discrimination, this article will focus upon those elements of an age discrimination suit which have traditionally presented the most difficulty for attorneys. West Virginia law, where available and relevant, will also be explored