See also: DISCRIMINATION–Demographic Data on Employees.

Juries may consider a witness’ demeanor as proof of age.{footnote}Watson v. State, 140 N.E.2d 109 (Ind. 1957); State v. Thompson, 365 N.W.2d 40 (Iowa Ct. App. 1985).{/footnote}  Opinion testimony is also allowed as to a person’s age.  A witness’ testimony about his or her own age is admissible since it may be considered a form of reputation evidence as to family history, which is admissible under a hearsay exception.{footnote}Govt. of Virgin Islands v. Joseph, 765 F.2d 394 (3d Cir. 1985) (applying FRE 803(19)).
State v. Mitchell, 568 N.W.2d 493 (Ia. 1997) (child’s testimony as to her age admissible, applying Ia. R. Evid. 803(19)); State v. Brunette, 501 A.2d 419 (Me. 1985) (exception permits victim’s mother to testify as to reputation among members of his adoptive family concerning his date of birth); 31A C.J.S. Evidence § 300(b), at 561-62 (1996).{/footnote}