Age Discrimination Lawyer

How You Can Prove Age Discrimination

It’s very easy to say that you are dealing with age discrimination nowadays. If you are over 40 and get passed up for a promotion who were qualified for, it is easy to think it was because of your age.  The issue appears when you have to prove age discrimination.  Proving age discrimination can be extremely hard and challenging to figure out right from the start. Ideally you want to assess the situation and actively figure out what you can do in a proper manner.

Before diving into a discussion of proof, it’s important to understand that there is often a strong correlation between age discrimination and older workers’ medical conditions, which are protected under the Americans with Disabilities Act and often the Family Medical Leave Act (FMLA). It’s very common for MKO to bring cases that assert:

  • Age Discrimination (ADEA and PHRA)
  • Disability Discrimination or Medical Discrimination (ADA and PHRA)
  • Leave Discrimination (FMLA)

This means that just because an age discrimination case might be hard to prove, there are other laws that might have been broken. An employment attorney at MKO can help you assess the situation and gather evidence to prove discrimination has in fact occurred.

Two Methods Are Used To Prove Age Discrimination

There are generally two methods you can use to prove age discrimination.  You have the “disparate treatment theory” and the “disparate impact theory.”

In the case of disparate treatment theory, you will need to prove there was intentional discrimination based on your age. In this case you will have to create a prima facie case by showing that you are 40 of older, that you are qualified for the job position and so on. You will also have to show that the employer has an adverse action and these actions arose due to discrimination. Simply put, in this case you have to show that without the age issue, there wouldn’t be any problem.  For example, let’s say you apply for a job you are qualified for. You are ultimately not selected. You are over the age of 40.  To prove disparate treatment, you would have to prove you were not selected for the job solely because you were over 40.  If the employer did not select you because of your availability, that would not be discriminatory.  Just because you are over 40 doesn’t mean the employer engaged in age discrimination.

The disparate impact theory doesn’t require you to prove the intentional discrimination. Instead, you need to demonstrate that the employer has a practice that usually has a negative impact on old workers in general. You have to show that there’s a disparate impact on the workers age 40 or more. For example, let’s say the employer has a very demanding physical exam that they require every employee over the age of 40 to pass.  This would be a discriminatory practice because (1) it is only required of those over 40 and (2) a very demanding physical exam has a negative impact on older workers.

Can the employer defend against any claims like this?

Of course the employer has the option to counteract everything you say, it’s their option to do that and they can say anything they want. That being said, you have to realize that if you prove age discrimination, their chances of winning are lower and you really have to figure out what you are getting into and what you can expect in a situation like this.

Do you need a lawyer to prove age discrimination?

Ideally you want to hire a legal professional to assist you with this type of process. You never really know what to expect in a situation like this. The attorneys at MKO will always be up to date with the latest legal information and can build a case of age discrimination. MKO can also provide the comfort and support that you may need. Don’t wait, call MKO for a free consultation.

Legal Consultations Given

Employment Lawyer Consultations

After dispensing thousands of legal consultations to potential clients, I can easily say it’s my favorite part of my practice. My guidance, even if I can’t accept them as a client, helps people immeasurably in figuring out what to do and how to move forward with their lives. I make a measurable impact every single day on many people. Who else can say that about their job? I love it. Call me.

2545 Railroad Street, Suite 100
Pittsburgh, PA 15222

Attorney Email


“Providing you a path forward in your life, career, and recovering the compensation you deserve.” 

MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO is always available for its clients. You can contact us anytime for a case assessment and evaluation. 

Ten Reasons To Choose Our Law Firm

1. Focused Employment Law Practice

MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case.  Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.

2. Technology Driven & Experts in the Cloud

We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient. 

We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.

3. Legal Advice Instantly From The Comfort of Home

MKO can provide superior legal services through adapative use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it’s better, easier, and faster for our clients – they really appreciate it. We seemlessly and interactively collaborate with you in a relaxed enviornment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.

The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.

4. Discreet When Necessary

While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”

Confidentiality is key, for everyone. 

5. Experience, Professional, & Integrity

Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 900 clients and has managed hundrends more for associates that worked for her in just the last 7 years!

6. Highly Responsive Attorneys

We always get the question, “If I choose to have you represent me, will it be difficult for me to get in touch with you?”

Absolutely not, we even make ourselves available to clients beyond our normal business hours! Futher, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.

7. Attorneys Available 74+ Hours Per Week

Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don’t be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising “Phones Answered 24 Hours A Day, 7 Days A Week.” We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week. 


8. Practical Advice From Seasoned Professionals

MKO strongly believes that every situation is distinctly unique and therefore we must endevour to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circustance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.

9. Contingency Representation

Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you’re offering to pay anyone up front and hourly, it seems they’ll take almost any case – so long as they are getting paid. Funny how that works. Here’s how we help:

  • People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently seperated from their job to afford an employment lawyer.
  • MKO only gets paid if there is a recovery.  – We put our money where our mouth is, if we don’t get a recovery, you don’t owe legal fees and costs.
  • Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
  • Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
10. Keeping Costs Low To Focus On Your Case

Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a “factory firm” or “volume practice” that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overheadWe aggressively keep costs down so we can focus on you.

Don’t want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.

Legal Consultations

Hours Open Every Week


Clients & Cases Managed

Consultation Questions To Ask Your Age Discrimination Lawyer

  • =What is an age discrimination lawyer do?

  • =Do I need an employment lawyer that practices age discrimination?

  • =Can an age discrimination attorney really help my case, even if I still work there?

  • =When should you hire an age discrimination law firm? 

  • =Is age discrimination common really that common?

  • =How do you hire an age discrimination attorney?

  • =How do you know when you need a lawyer?

  • =When should you address age discrimination at the office?

  • =What is my age discrimination case worth?

  • =Do I have an age discrimination case?

I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.

Bob B.


Halfway to legal help. If you don't get paid, neither do we. All you need to do is call MKO!

Employment Law Ready✔ ™

Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.

Andrew L.