Age Discrimination in the Workplace
In the state of Florida is it considered age discrimination if their employer fires someone and states that they are looking for someone of a younger age?In Florida, depending on the amount of employees the employer has, they can be subject to the Age Discrimination in Employment Act (ADEA) which is normally more than 20 employees. That means that they cannot discriminate based on age when hiring, firing, benefits or other employment decisions. The exceptions that apply to this act is where there is a bona fide occupational qualification that is judged by age.
If someone has encountered age discrimination and harassment in the work place will it hurt their case if they quit their job?Before quitting their job, they may consider filing discrimination complaint with the Equal Employment Opportunity Commission. To file a complaint with the Equal Employment Opportunity Commission, they would need to contact their local EEOC office. Federal law prohibit discrimination based on ethnicity, color, religion, national origin, age, sex, and disability of a person when hiring, promoting or firing. After they have filed the complaint, they employer will be prohibited from any disciplinary action against the victim. The EEOC will investigate their claim, and after 180 days of filing they may ask for a “right to sue letter” The Equal Employment Opportunity Commission will issue the letter which will give rights to establish a private civil action against employer and seek financial damages.
Would it be considered age discrimination if an employer said that the applicant would be good candidate for a job, asked for their date of birth then called the next day and said the employer had decided to hire someone else?Many times instances like this can seem odd and unprofessional; however there would not be enough evidence to warrant age discrimination because it would be too hard to prove with just this one example. If there were more actions or occurrences that seemed age discriminatory, then the victim could file an age discrimination complaint with the Equal Employment Opportunity Commission. The EEOC will have to investigate in order to determine if there is a right to sue.
Can someone still file for unemployment compensation benefits when proceeding with an age discrimination case?In most situations, filing for unemployment and suing for an age discrimination suit are not usually relevant to each other. The employee can still file for unemployment compensation benefits at the same time the age discrimination case is proceeding. Unemployment compensation is available when an employee has been let go with no fault of their own. Many times legal counsel maybe needed and the Experts can help answer questions regarding unemployment filing as well as age discrimination.
What kind of compensation would a employee be entitled to if they filed a complaint with the Equal Employment Opportunity Commission due to age discrimination against their employer?The employee would not be guaranteed to any compensation just by filing an Equal Employment Opportunity Commission complaint. They will have to first file a complaint with the EEOC and get a right to sue letter. Once they have received that, the employer then can file a civil lawsuit against the company. They would need to show evidence of the age discrimination to prove their case. The employee’s lawyer would then have to look at many specific factors to decide how much in damages to request for. If the lawyer can find evidence of age discrimination, the employee should also look for advice of a local attorney so that they can review the agreement and maybe negotiate a better partition.
Age discrimination is where an employer treats someone less favorably because of their age. The Age Discrimination in Employment Act prohibits age discrimination against people who are 40 years of age or older. The ADEA does not protect workers under the age of 40, but some states do have their own laws that protect younger workers against age discrimination. If you feel like you have been a victim of age discrimination, and are not sure of the age discrimination laws, you can ask an Expert.