Subtle Signs of Age Discrimination in Florida Workplaces
Did you recently apply for a job and go for an interview, only to learn that the employer hired a younger worker? Or were you recently passed over for a promotion at your current place of employment while a younger worker got the new role? You may have reason to believe that you have been subject to unlawful age discrimination. In some cases, age discrimination can be obvious. For example, an employer might post a job ad requesting only job applicants under the age of 40, or request “young workers only.” Or, you may have been asked for your age or birthdate in an interview. Similarly, your employer might make a statement that they are trying to “freshen up” the workplace by promoting younger employees and bringing in a younger team. However, more often than not, age discrimination is much more subtle than this.
Age discrimination is prohibited under the Florida Civil Rights Act (FCRA) and the federal Age Discrimination in Employment Act (ADEA) for job applicants and employees aged 40 and older. What are some of the subtle signs of age discrimination that should lead you to discuss filing a claim with an employment discrimination lawyer? Consider some of the following information.
Older Workers Laid Off
Sometimes employers think that they can bring in younger employees by laying off (i.e., terminating) older employees and hiring a younger workforce to replace them. To be clear, even if an employer never uses any language about age in its hiring or termination practices, this is a form of age discrimination that is unlawful.
Benefits and Promotions Only Given to Younger Employees
Similar to the above, employers might think they can encourage older employees to leave (giving them an opportunity to hire younger workers) by refusing to promote older employees, or by only providing certain benefits to younger employees. This is an unlawful age discrimination practice that you should discuss with an attorney if you have found yourself in this type of employment situation.
Use of Age-Coded Language
Employers also commonly use age-coded language that they might think allows them to avoid discrimination allegations but suggests that the employer is in fact violating state and/or federal prohibitions against age discrimination. For example, a job ad might request applicants who are “recent college graduates” or applicants with a “Gen Z perspective.” Or, for example, an employer might make comments on an employee’s review about their level of physical energy. If an employer with whom you applied for a job, or for whom you currently work, has used language like this or similar, you should discuss it with a lawyer.
Contact a Palm Beach Gardens Age Discrimination Attorney for Assistance Filing a Claim in Florida
Were you treated differently from another job applicant or employee, and you suspect age may have been a factor? As we discussed above, employers cannot discriminate against employees on the basis of age when a job applicant or employee is aged 40 or older. While some acts of age discrimination may be very obvious, in most cases, age discrimination is much more subtle. As such, it is essential to discuss the details of your experience with an attorney who can help you. One of the experienced Palm Beach Gardens age discrimination lawyers at Sconzo Law Office can talk with you today about the age discrimination you were subjected to, and we can assist you with filing a claim under the FCRA or the ADEA. Contact our firm for more information.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html
eeoc.gov/statutes/age-discrimination-employment-act-1967