Age discrimination not only harms careers and affects families, but it is also illegal and should not be tolerated. If you or someone you know is the victim of age-based discrimination, you should know there are statutes of limitations for filing a claim. It is crucial to contact an employment and labor law attorney as soon as possible.
What is Age Discrimination?
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It covers unfavorable treatment or discrimination throughout the hiring process, forbids harassment and retaliation based on complaints of age discrimination, and adverse actions with regard to benefits, promotions, training, layoffs, etc. on the basis of age.
General Guidelines for Filing a Claim
The Equal Employment Opportunity Commission (EEOC) is a Federal administrative agency which enforces federal anti-discrimination laws in the U.S., including the Age Discrimination in Employment Act (“ADEA”). A charge of discrimination based on age must be filed with the EEOC within 180 calendar days from the date of the discriminatory act. Failure to do so may result in a loss of the claim.
The state of Florida has its own legislation — The Florida Civil Human Rights Act. It is administered by the Florida Commission on Human Relations (FCHR). The agencies have a “work-sharing agreement” that allows them to partner together to process claims. Since the state has its own agency and timelines, the deadline to file a charge of age discrimination under the ADEA is extended to 300 days of the occurrence of the discriminatory act. If a charge is being brought under the state law only, you may file within a year of the discriminatory act. There are many reasons to file under both the state and federal law so you don’t want to wait past that 300-day mark!
For the protections the federal age discrimination statutes to apply, your employer must employ 20 or more employees. If your employer does not meet the filing threshold for a federal law claim, you can file an FCHR claim as long as your employer employs 15 or more employees. Some counties and municipalities in Florida have local ordinances which extend coverage to even smaller employers. Consult with an experienced employment lawyer before to filing.
Recommendations for Filing an Age Discrimination Claim
Due to time limitations for filing a charge under the employment discrimination laws, time is of the essence. It is recommended to file your claim within 300 days (less than one year) of the occurrence of workplace discrimination. You have a choice whether you want to “cross-file” with both federal and state. Employment law attorneys are experts in dealing with the age discrimination statute of limitations and the complex administrative processes and legal requirements in filing a claim — and are passionate employee advocates that are there to help.
Take Action for Workplace Justice
Take action before the statute of limitations for age discrimination expires for your case. Were you harassed at work because of your age? Did a younger, less-qualified person get a promotion you should have received? Were you “laid off” but have evidence that the employer was really letting you go based on your age? If so, you may have a valid case for age discrimination.
Age discrimination can cause individuals and families many hardships and a lot of stress. We are here to help you pursue justice and hold your employer accountable. We have experienced employee rights attorneys who fight for fairness, justice, and equal rights in the workplace.
Contact us today for a free confidential consultation. We’re confident in our ability to help you and offer “no win, no pay” contingency options to cover expenses.
Please Note: At the time this article was written, the information contained within it was current based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. Always speak with a law firm regarding any legal situation to get the most current information available.