You could if I can prove it. Failure to Hire cases are one of the most difficult cases, because you don’t have access to a lot of the information like you would when you’re internally in a company. When you’re not hired you may not know who’s hired instead of you. If it’s a failure to promote you’re already there, or if you’re not being paid the same as someone else.

Often time when we see age discrimination cases it’s because they’ve been replaced by somebody substantially younger than them. They are paid less. They come with less experience, and so that’s one avenue we see it, or if an employee has been using his health benefits a lot more, although with the advent of Obamacare that has been skewed slightly. And other times we get straight comments to the employee as you look to old for this, you are moving too slow, things of that nature.