Common Forms of Unlawful Age Discrimination in Employment
Age discrimination is an unlawful form of discrimination in Florida employment contexts. However, it is important to understand that protections against age discrimination only apply once you reach the age of 40, and this type of discrimination can be especially difficult to prove. Many job applicants and employees in South Florida experience discrimination on the basis of age, and while some of them might suspect it, others might not even realize. If you do experience adverse treatment and you believe it is because of your older age, you could be eligible to file an age discrimination claim under the federal Age Discrimination in Employment Act (ADEA) or under the Florida Civil Rights Act (FCRA).
To know if you have faced unlawful age discrimination, it can be helpful to learn more about common examples of age discrimination and the various forms it takes. Consider some of the following frequent examples of unlawful age discrimination in South Florida.
Advertising for Younger Employees Only
If a job ad suggests that employees of only a certain (younger) age apply, the advertisement likely violates the ADEA and the FCRA’s prohibitions against age discrimination.
Asking Questions About Age in an Interview
Employers cannot ask questions about your age in an interview (aside from ensuring that you are over the age of 18). Such questions about age, or even cloaked questions about age (such as, “how many years has it been since you graduated from college?”) are likely unlawful under age discrimination prohibitions.
Laying Off Older Workers and Hiring Younger Workers
Employers might decide to lay off a group of older workers, making it look like the layoff is necessary for the business, only to then hire younger workers in their place. This kind of action or series of actions most likely constitutes unlawful age discrimination that is actionable under the ADEA or the FCRA if the employees who were laid off are at least 40 years old, and if the employer had 15 or more employees (so as to be covered by the ADEA and FCRA).
Denying Promotions or Benefits to Older Workers While Encouraging Younger Workers
Sometimes employers engage in age discrimination by taking steps that might ultimately encourage older employees to leave their jobs or find other work. Employers might do this by denying promotions to older workers while promoting younger workers, or encouraging younger workers to seek leadership opportunities in the place of employment while discouraging older workers from doing so. When the older workers in these contexts are aged 40 or older, these types of actions usually rise to the level of unlawful age discrimination.
Contact a Palm Beach Gardens Age Discrimination Lawyer
Were you denied a job, denied a promotion or other benefit, or wrongfully terminated due to unlawful age discrimination? You could be eligible to file an age discrimination claim under the ADEA or the FCRA. One of the experienced Palm Beach Gardens age discrimination attorneys at Sconzo Law Office can discuss the details of your case with you today, and when you are ready, we can help you to file your claim. Contact us for more information.
Sources:
eeoc.gov/statutes/age-discrimination-employment-act-1967
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.01.html