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Age Discrimination

Age is never a valid reason to be penalized in the workplace.

As a job applicant or employee in Florida, you are entitled by law to be free from discrimination on the basis of your age, as well as multiple other types of discrimination.

If you are over 40 and treated differently in the workplace because of your age, you can put a stop to it and potentially receive compensation.

As an employment and age discrimination lawyer based in South Florida, I can help you:

  • Understand your rights according to state and federal laws
  • Assess whether you have a legitimate complaint
  • Pursue legal action against your employer if you have been discriminated against based on age

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What does the law say about age discrimination?

The Age Discrimination in Employment Act of 1967 (ADEA) and the Age Discrimination Act of 1975 is legislation that protects people over the age of 40 from being discriminated against in the workplace because of age.

The Older Workers Benefit Protection Act (OWBPA) is an amendment to the ADEA prohibiting employers from reducing or denying benefits to workers based on their age.

This legislation makes it unlawful for an employer to discriminate on the basis of age by:

  • Making statements or specifications of age preference in recruitment materials like job advertisements
  • Refusing to hire, promote, or give similar job assignments or titles given to younger employees
  • Providing lower compensation (wages, salaries, benefits) for older employees than younger ones
  • Denying training or benefits to older employees that are offered to younger employees
  • Forcing employees to retire at a certain age (except for a few narrow exceptions)

It is also illegal for an employer to retaliate against you if you file charges of age discrimination or help the government investigate charges against the employer.

This should provide some peace of mind if you are being discriminated against and want to fight for your rights.

Is discrimination the same as harassment?

Discrimination and harassment in the workplace are often connected.

While they are different, neither is acceptable and both are unlawful:

  • Discrimination, from a legal standpoint, is being treated differently to others on the basis of age or other prohibited categories.
  • Harassment is when someone in the workplace mistreats another person based on their age or other prohibited categories.

Harassment because of age, such as offensive or derogatory remarks, should not be tolerated any more than discrimination should be. This is especially true in cases where it is frequent and/or severe, or when it results in an adverse employment decision (such as the victim being fired or demoted).

Have you lost out in your career because of age discrimination?

Age discrimination might be clear and obvious or more subtle.

Some obvious examples of age discrimination from employers are:

  • Not hiring an older candidate for a job because of their age
  • Transferring an employee to other office locations after they turn 50
  • Sending forceful offers of early retirement to employees
  • Demoting an employee after they file a complaint about age discrimination

However, employers can discriminate against you based on age in more subtle ways, from withholding training opportunities to employee benefits. Sometimes, it may be no more than a feeling that you are being treated differently to younger coworkers in your organization.

Whatever the reason, age discrimination can negatively impact your:

  • Career
  • Income or finances
  • Wellbeing
  • Mental health

Age discrimination should not be something you accept as “part of the job”.

You are entitled to stand up for your rights and cannot lose your job for it, as you’re protected by Florida’s employment discrimination laws.

It is important to seek the right legal advice to take the best course of action available.

Age Discrimination Lawyer Florida

Discriminated against based on age? What can you do?

If you have been discriminated against in the workplace based on age, you may be able to take legal action that requires your employer to:

  • Take action to restore you to the same position you would have been in if the discrimination had not taken place
  • Pay damages to compensate you for back pay, benefits, emotional distress, suffering, and so on
  • Prevent future acts of discrimination

If you are just starting to experience age discrimination, keep a record of the instances when it occurs and try to make a note of potential witnesses amongst your coworkers.

As an experienced employment discrimination attorney, I can help assess your case for age discrimination.

If we agree on pursuing legal action, I will help you take the necessary steps to build your case.

Next steps

From here, we need to:

  1. Assess your claim. Start by booking a free phone consultation below.
  2. Decide whether to pursue a complaint after our consultation.
  3. File a complaint or lawsuit with a local or federal agency, or state or federal court.
  4. Prepare the paperwork so that we can draft the complaint or lawsuit.

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