ARE YOU BEING DISCRIMINATED AGAINST AT WORK DUE TO YOUR AGE?
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WHAT ARE THE STATUTES OF LIMITATION FOR AGE DISCRIMINATION?
Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination.
Age discrimination lawyers lead as legal advocates for employee rights when employers violate the parameters of the ADEA. This legislation is comprehensive and covers workplace discrimination in many areas and stages of employment.
Illegal discrimination can occur in hiring, training, benefits, compensation, promotion, firing, layoffs, and other terms, conditions, and privileges of employment. Age discrimination lawyers help employees in all these areas.
The major components of the ADEA include the following:
- Employers must not discriminate on the basis of age at any stage of the employment process against anyone 40 years of age or older.
- Employers are prohibited from discriminating based on age in advertisements for available positions, the application process, or interviews. Ads may include age limitations only if age is a bona fide occupational qualification (BFOQ) based on business necessity; this is a very narrow exception.
- Employers must not discriminate against older workers when reducing the size of their staff.
- Employers may not force their employees to take early retirement, but they may offer early retirement incentive packages.
- Workers who take action under the ADEA cannot be retaliated against for filing, testifying about, or participating in a claim against an employer.
- Under the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, an employer typically may not reduce or deny benefits for older employees. In certain situations, however, benefits for older workers may be reduced if the reduction renders the cost of benefits for older workers equal to the cost of benefits for younger workers.
These protections were put in place by the federal government to ensure that people 40 years and over have substantive legislation against workplace discrimination to combat the power of employers who put profits over employee rights.
Age discrimination lawyers handle a broad scope of situations that can occur at work and may qualify for filing a federal workplace discrimination claim with the Equal Employment Opportunity Commission (EEOC).
This can include:
- Age-related comments and harassment that constitute a hostile work environment
- Requiring workers to work with certain customers due to their age
- Not allowing workers of a certain age to perform specific duties
- Denying a job or promotion for a female worker due to her age and possibility of getting pregnant (pregnancy discrimination)
- Segregating workers on the job due to their age
Workers age 40 and over across the state of Florida and around the U.S. have extensive employee rights and should be able to perform their duties and continue a career of their choice free from workplace discrimination.
Wenzel Fenton Cabassa, P.A, leverages a depth of experience and expertise in age discrimination cases to help workers across Florida stand up to powerful employers. Our employment law attorneys are aggressive in the fight for justice for employees of all ages.
It is crucial to speak with an attorney as soon as possible because there are time restrictions in submitting a claim of workplace discrimination with the EEOC. There is no obligation when you consult with an age discrimination lawyer, but if you wait, it could be too late.
Wenzel, Fenton, Cabassa, P.A – Florida Age Discrimination Lawyers
We are passionate about advocating for the rights of workers of all ages. Our age discrimination lawyers are here for you and your family and work diligently to hold employers accountable for workplace discrimination.
If you believe you have been discriminated against due to your age, then speak with an attorney to assert your rights and get your career back on track.