Age-related discrimination is shockingly common in the workplace. Discrimination on the basis of age can take many forms, from actions such as refusing to hire someone who is qualified but young or refusing to hire an older individual because you fear they may retire in the near future. Some workers of child-bearing age suffer discrimination due to the likelihood of taking time off to start a family (and employers are required to provide time off due to family medical leave laws.)
But state and federal laws protect workers from elder inequity at work. Our Orlando employment attorneys are here to help you find justice, whether justice takes the form of a lawsuit or a discrimination claim with the Equal Employment Opportunity Commission (EEOC) or the Florida Commission on Human Relations (FCHR).
Oldness intolerance can be a difficult and emotional experience for the victim. In addition, you may also experience financial troubles due to an inability to get a job, a wrongfully denied promotion, the loss of your job or other wrongful business practices that constitute employment discrimination.
If you have been the victim of age discrimination at work and you’re considering filing a formal complaint or would like to pursue a discrimination lawsuit, you must act promptly because the law limits the amount of time you have to file a claim. Our labor attorneys can also assist employers who’ve been wrongfully accused of wrongful termination or unfair treatment based on age.
Contact the Orlando lawyers of the Law Office of Hogan & Hogan, P.A to discuss your case in a confidential consultation session. Call 407-422-2188.
The Most Common Questions About Workplace Age Discrimination
The Orlando lawyers with the Law Office of Hogan & Hogan, P.A. get lots of questions from employers and employees who are dealing with an age discrimination case. Our legal team has compiled information on a few of the most common inquiries concerning this topic.
What is the Definition of Age Discrimination at Work?
Ageism and discrimination takes many forms, affecting young and old alike. A young person may face discrimination despite being well-qualified for a job. Young people tend to be unfairly perceived as less reliable or less competent.
Conversely, older, experienced and well-qualified individuals may be subject to ageism because an employer assumes they’re “slower” or may need more time off due to older age. An older employee could even be denied a job or promotion because an employer fears they’ll soon go into retirement. Others may be denied benefits due to the perception that those benefits (such as health coverage) may come at a higher cost to the employer.
Some individuals of child-bearing age can also be subject to ageism. An employer may deny a job, or they could overlook the worker for a promotion based on the faulty assumption that they’re going to be less competent or will want to take family medical leave time because they currently or will soon have a young family. Soon-to-be mothers are often subjected to pregnancy discrimination.
All of these scenarios involve workplace age discrimination. Other forms of workplace discrimination on the basis of age include:
- harassment and age-related remarks that create a hostile work environment;
- requiring a worker to deal with certain clients or customers based upon their age;
- segregating workers based upon their age; and
- preventing a worker from holding a certain position or performing certain tasks due to age.
Workplace harassment does not always involve an employer or supervisor. The situation may also involve a co-worker, a business owner or even a customer or client.
If you’re unsure of whether you’ve been the victim of age discrimination, we invite you to contact our team of Florida discrimination lawyers to discuss your case. Our experienced team is here to help those who’ve suffered discrimination, including ageism, disability discrimination, pregnancy discrimination and inappropriate treatment based upon one’s national origin or religion.
Are there Certain Age Guidelines for Filing a Discrimination Claim?
The Federal Age Discrimination in Employment Act of 1967 protects workers who are age 40 and older.
But in Florida, workers of all ages are covered by the Florida Civil Rights Act of 1992.
How Do You File a Claim for Age Discrimination at Work?
A victim may file a federal workplace discrimination claim with the Equal Employment Opportunity Commission (EEOC). The party has one year (365 days) from the last incident of discrimination to file the claim.
It’s also possible to file an age prejudice claim with the Florida Commission on Human Relations (FCHR). The FCHR gives you 300 days from the most recent incident of workplace discrimination to file a claim.
When filing a claim with the EEOC or FCHR, the other party will be notified and provided with an opportunity to file a response. The agency has 180 days to investigate the claim.
Based upon the findings of the investigation, you may be provided with an opportunity for mediation or the agency may seek to penalize the other party, arriving at a resolution in your favor. In some instances, the agency may issue a “right to sue” document, informing you that you can proceed with a discrimination lawsuit.
Notably, employment discrimination lawsuits cannot be pursued in federal court before the EEOC issues a “right to sue” document. This is called “exhaustion of administrative remedy.”
What is the Timeframe for Filing an Employment Discrimination Lawsuit?
Beginning on the date that the “right to sue” document is issued by the EEOC, you have 90 days to file an age discrimination lawsuit.
If you choose to take action by filing an age discrimination lawsuit based upon your claim, you will have four years from the date of the incident or one year from the FCHR’s “probable cause” determination date to file a lawsuit.
Our Orlando Attorneys Will Help You File an Age Discrimination Lawsuit or Claim
Ageism can be equally devastating for workers of all ages, resulting in emotional, social and financial consequences. But the law is on your side.
At the Law Office of Hogan & Hogan, P.A., we have adopted a “clients first” approach to law. Our goal is to simplify and streamline your legal dealings in an attempt to reduce the amount of stress that our clients experience. Being the victim of workplace harassment is stressful; we believe that finding justice shouldn’t be!
The law does limit the timeframe for filing a work discrimination lawsuit, so we encourage you to contact our law firm as soon as possible to discuss your case in a consultation session. Your lawyer can also provide you with access to resources and guidance if you’re seeking to pursue a claim with the EEOC or FCHR.
Contact the Orlando discrimination lawyers with the Law Office of Hogan & Hogan, P.A. by calling 407-422-2188.