Were You Passed Over as Too Old for the Job?
Florida ADEA Claims: Tampa Employment Law Attorneys
or Age Discrimination in Hiring or in the Workplace
Under state and federal laws, employers are not allowed to discriminate on the basis of age. They cannot give hiring preference to younger workers who are less qualified. They cannot deny benefits to older workers or let older workers go simply because of their advancing age.
Age discrimination in the workplace happens every day throughout Florida. The employment law attorneys of Feldman Morgado, P.A., are determined not to let employers get away with it. We will vigorously pursue your remedies under the law, whether you are seeking compensation or reinstatement to your job.
Enforcing Your Employment Rights
If you believe you were passed over for employment or advancement because of your age, or otherwise discriminated against by an employer, contact us to explore your potential claims. We represent employees throughout the state of Florida.
Age Discrimination in Employment Is Illegal
Workers over the age of 40 are specifically protected from discrimination and adverse employment actions (termination) under two federal laws:
- The Age Discrimination in Employment Act (ADEA) of 1967 applies to both employees and job seekers. With limited exemptions, employers cannot use a person's age as a criteria of employment or provide privilege or preference on the basis of age in hiring, compensation, benefits, job assignments, training, promotions, layoffs or termination. Employers cannot include or imply age restrictions in ads and job postings, and must have a lawful reason to inquire about age or date of birth on applications.
- The Older Workers Benefit Protection Act (OWBPA) of 1990 prohibits employers from denying benefits to aging workers. However, employers can legally reduce certain benefits to older employees with proof of added costs.
Tampa Age Discrimination Lawyers
Proving age discrimination is complicated. Employers have substantial latitude in hiring and firing, and the decision about a particular worker or applicant may have nothing to do with the person's age. Our attorneys are skilled at identifying patterns and actions that point to discriminatory treatment of older workers, or pointing out discrepancies such as superior qualifications of the rejected applicant or hiring of a younger candidate who lacks the requisite credentials or experience.
We represent clients in claims through the Equal Employment Opportunity Commission (EEOC) or the Florida Human Rights Commission and in ensuing lawsuits in state or federal courts when we cannot reach a satisfactory resolution at the administrative level. Reparations for age discrimination could include back pay and/or front pay, reinstatement and/or advancement, or compensatory damages for lost earnings and the emotional distress from a failure to hire on the basis of age.
Ocala Employment Law Lawyer
For more information or to schedule an appointment with an experienced employment litigation attorney, please contact one of our offices in Tampa, Ocala/Gainesville, Miami, Naples, Jacksonville or Fort Lauderdale, Florida. We also have an office in Atlanta, Georgia.