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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29070
Experience:  30 years experience representing clients.
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I am a 71 year old medical doctor, practicing in Broward county

Customer Question

i am a 71 year old medical doctor, practicing in Broward county for over 25 years, based in same hospital although not employed by the hospiotal. Recent changes in administration has actually affected my practice . Believe they are being discriminatory because of my age and ethnicity as i am Hispanic. How can i stop this?
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a Florida licensed attorney, and I will do whatever I can to answer your question and provide excellent service.
In order to make a successful claim for age discrimination you must first establish a prima facie case as follows:
In Fasold v. Justice, 409 F.3d 178, 184-85 (3d Cir. 2005), the court held that the plaintiff:
presented evidence that he (1) was over forty years old at the time of the adverse employment decision; (2) is qualified for the position in question; (3) suffered from an adverse employment decision; and (4) that his employer replaced him with someone sufficiently younger to permit a reasonable inference of age discrimination (or subjected the older employee to less favorable treatment). See generally Potence v. Hazleton Area Sch. Dist., 357 F.3d 366, 370 (3d Cir. 2004); Anderson v. Consol. Rail Corp., 297 F.3d 242, 249 (3d Cir. 2002).
Once you are able to establish that you were subject to disparate treatment, the burden shifts to the employer to show that there was a legal reason for the adverse action taken against you.
To start the process, contact the EEOC at www.eeoc.gov for more information on filing a complaint. Your employment is protected from termination due to filing the complaint. Such termination would be retaliatory and subject your employer to further liability to you.
I hope this is helpful.  If you have any follow up questions feel free to post them.  It is never a problem.
Thank you.
Loren

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