Layoffs of Older Workers to Hire Younger Workers is Illegal

Age discrimination in the workplace is not always obvious, yet it can be insidious and can create a toxic and damaging work environment. It can also take many different forms, and quite often, employees may not even realize that they have been subject to unlawful discrimination. One way in which unlawful age discrimination can occur in a South Florida workplace is when an employer decides to lay off a number of older workers and to replace them, whether immediately or a short time later, with younger employees who can also be started at lower salaries or wages. To be clear, this type of action is unlawful under both Florida state law and federal law, and you should consider moving forward with a claim if you are in this situation.

Our South Florida employment discrimination lawyers can tell you more about the laws that protect employees against age discrimination, and we can explain in more detail why the type of layoffs described above can violate state and federal law.

Laws Protecting Employees and Job Applicants from Age Discrimination

Age discrimination is unlawful under both the Florida Civil Rights Act (FCRA) and the Age Discrimination in Employment Act (ADEA). In order to be a protected job applicant or employee, you must be aged 40 or older. In other words, unlawful age discrimination does not occur under either law until you have reached the age of 40. Most public employers are covered regardless of their size. The FCRA applies to private employers with 15 or more employees, while the ADEA applies to private employers with 20 or more employees.

Laws protecting against age discrimination prohibit discrimination “in any aspect of employment,” according to the Equal Employee Opportunity Commission (EEOC), “including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.”

Laying Off Older Workers is Unlawful

Employers might think that they can conduct a layoff of primarily older workers, and then wait a short time before advertising for similar positions in which they plan to hire younger workers. Yet this is a form of unlawful age discrimination and is just as unlawful as any other obvious or overt form of age discrimination.

Employees aged 40 or older who have been laid off should seek legal advice if they have any reason to believe that their employer may have engaged in actionable age discrimination under state or federal law.

Contact a Palm Beach Gardens Age Discrimination Lawyer for Assistance with Your Claim 

If you were terminated from your job in a recent layoff of primarily older workers, and you have heard that your former employer filled your position and those of other laid off employees with younger workers, your former employer may have engaged in unlawful age discrimination. The best way to determine whether you have a claim is to discuss the details of your case with one of the experienced Palm Beach Gardens age discrimination attorneys at Sconzo Law Office. We can assess your case for you today, and we can help you to seek a range of remedies that may include job reinstatement and back pay if your employer unlawfully discriminated against you on the basis of age. Contact our firm today for assistance.

Sources:

eeoc.gov/age-discrimination

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html