These days, it is very difficult to prove age discrimination under the federal Age Discrimination in Employment Act that was enacted by Congress in 1967. However, the NYT article is incorrect in terms of the legal standard to prove age discrimination under the federal law. When referring to the U.S. Supreme Court's Gross case, the article says that an age discrimination victim is required to prove that his/her age was the sole motivating factor; this is not true. In fact, a subsequent U.S. Supreme Court case ruled that federal statutes than contain the phrase "because of" means that an age discrimination victim need only prove that her/his age made a difference in the decision to fire, demote, etc.
However, under New Jersey state law and New York City law, the burden of proof is not as onerous as federal law and the remedies are more generous. Given that many Boomers are being forced out of jobs which they can't afford to give up, our firm is seeing more and more age discrimination claims. Our firm has had a lot of success in obtaining good outcomes for our age discrimination clients either through pre-lawsuit negotiatons or through litigation. See our case results page. If you believe you have been singled out or lost your job becasue of age discrimination, we can help. You can call us at (973) 695-7777 or contact us through our website.