Fighting for you
If you have a claim against an employer or coworker, I will fight your case.
I will let you know if you have a claim or not after your free consultation.
No upfront fees
I work entirely on a contingency basis. If we don’t win, you don’t pay.
What does the law say about age discrimination?
The Age Discrimination in Employment Act of 1967 (ADEA) and the Age Discrimination Act of 1975 are pieces of legislation that protects people who are 40 or over 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.
Age Discrimination Case Examples
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 from 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 or severe or when it results in an adverse employment decision (such as the victim being fired or demoted). If your employer does not respond swiftly and appropriately, your employer can be liable for the harassment you endure from supervisors, co-workers, clients, independent contractors, or patrons.
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 another office location after they turn 50,
- Refusing to inform qualified employees who are 40 or older about a new job opening because the employer wants to avoid interviewing older candidates,
- Sending forceful offers of early retirement to employees, and
- 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 reducing employee benefits and excluding older employees from after-hours work events. Sometimes, it may be no more than a feeling that you are being treated differently from younger coworkers in your organization.
Whatever the reason, age discrimination can negatively impact your:
- Income or finances,
- Wellbeing, and
- 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.
Are you a victim of age discrimination in Florida? 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, legal expenses and so on;
- Pay punitive damages to make up for particularly egregious behavior; and
- 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 Florida age discrimination attorney, I can help assess your case.
If we agree on pursuing legal action, I will help you take the necessary steps to build your case.
Contact a Florida age discrimination lawyer
From here, we need to:
- Assess your claim. Start by booking a free phone consultation below.
- Decide whether to pursue a complaint after our consultation.
- File a complaint or lawsuit with a local or federal agency, or state or federal court.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
Our experienced lawyer also handles clients with other types of discrimination cases, including:
- Disability discrimination,
- National origin discrimination,
- Pregnancy discrimination,
- Race discrimination, and
- Gender discrimination.
How Do I Recover Damages in an Age Discrimination Case?
When you are ready to file a legal claim against a discriminatory employer, you can initiate an administrative complaint with the U.S. Equal Employment Opportunity Commission (EEOC). You also have the option of filing a civil lawsuit, but you must first file your EEOC complaint and receive a Notice of Right to Sue from the agency.
How Much Time Do I Have to File a Complaint?
If you are an employee who works for the state or the private sector, you have 180 days to submit a discrimination complaint to the EEOC. But if you are a private or state employee whose complaint is also covered by a state anti-discrimination law, you have 300 days to initiate your complaint. And if you work for the federal government, you must file your complaint with an EEO officer within 45 days.
Is It Unlawful Age Discrimination If My Employer Gives Work Benefits to Employees with Seniority?
No. Employers are allowed to show a preference for employees who have been working with the employer longer than others. And employers can give preferential treatment to an older worker over a younger worker, even if both employees are over 40. However, an employer’s seniority system typically cannot force older employees to retire. If you have questions about the validity of your boss’s seniority system, our age discrimination attorney in Florida can help you understand what is and isn’t allowed.
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