Fort Lauderdale Age Discrimination Lawyer

Honest Fort Lauderdale Age Discrimination Attorney

Age should never impact whether an employee is treated fairly at work. However, many workers have questions about age discrimination during the hiring process, promotions, layoffs, employee discipline, and other employment issues. Talking to a qualified Fort Lauderdale age discrimination lawyer can help employees understand the rights of older workers and identify potentially unlawful conduct.

About The Law Office of Michelle Cohen Levy, P.A.

Representing employees and businesses in South Florida, The Law Office of Michelle Cohen Levy, P.A., practices law from our Fort Lauderdale office. Attorney Michelle Cohen Levy has experience guiding clients through all types of employment-related disputes and workplace issues. Her ability to craft smart and cost-effective solutions has been highlighted by Super Lawyers Rising Stars and the National Association of Distinguished Counsel.

Understanding Age Discrimination

According to the Society for Human Resources, 26% of employees over 50 say they have been targeted with age-related remarks at work. Of those targeted, nearly three out of four participants said this was a factor in considering whether to quit their job. An additional one-third of employers stated that age played a role in deciding which applicant to hire. All this combined can leave those who are older feeling less valued and negative in and around their workplace.

Age discrimination refers to the practice of treating an employee unfairly due to their age. This is typically the case with employees aged 40 and older. Both federal and Florida age discrimination laws prohibit certain types of age discrimination in the workplace. Age discrimination may occur during any part of the employment process. This includes:

• Hiring
• Promotion considerations
• Layoffs
• Training
• Disciplinary actions
• Termination

While some age discrimination is obvious, other forms of discrimination are subtle and occur over time.

In Florida, most workers who face discrimination based on age are protected by the Age Discrimination in Employment Act (ADEA). The ADEA generally protects employees who are 40 years of age or older from discrimination. Florida employees may also be protected by the Florida Civil Rights Act, which prohibits discrimination on the basis of age.

The Broward County Courthouse handles employment-related disputes in Broward County. The Courthouse is located at 201 SE 6th Street, Fort Lauderdale, Florida 33301. If you have an employment dispute, knowing the procedures of your local Courthouse can help you better understand your options.

Common Forms of Age Discrimination in the Workplace

Employers should not make employment decisions based on stereotypes or assumptions about a worker’s age. In some cases, age discrimination is obvious. However, it can often be subtle and may take the form of unfair employment decisions that seem neutral at first. Some common forms of age discrimination in the workplace include:

• Failing to hire an applicant because of his or her age
• Denying promotions to older workers when younger employees are less qualified
• Denying older employees access to training or professional development
• Making derogatory comments or jokes about an employee’s age
• Forcing older workers to retire
• Laying off older employees and not younger ones
• Evaluating employees’ performance using different standards based on age

Although any of the above factors may give rise to an age discrimination claim, each situation must be reviewed separately to see if age discrimination has occurred.

Proving an Age Discrimination Case

Age discrimination cases are typically proven through indirect evidence. Rather than an employer outright admitting they fired an employee because of their age, employees often need to prove their claims through other evidence. Examples of evidence that may help prove an age discrimination case include:

• Employment applications and records
• Employee performance reviews
• Disciplinary notices or write-ups
• Emails
• Witness testimony
• Hiring records
• Layoff records
• Documentation about employment decisions

Additionally, evidence can include testimony from others who alleged age discrimination happened to them or those who witnessed it. For example, if an employer is known to lay off all older workers every few years, claiming company downsizing, the cumulative evidence can point to discrimination, especially if these positions were later filled by younger employees.

When to Hire an Age Discrimination Lawyer

One of the most common reasons to hire an age discrimination lawyer in Fort Lauderdale, Florida is when you believe age is a factor in an employment decision.

Employers may also want to hire an attorney when drafting hiring policies, planning a reduction-in-force, creating employee policies, and training staff to help avoid age discrimination. A Fort Lauderdale age discrimination attorney can help you understand your rights after making a potentially illegal employment decision.

FAQs

Can You File a Claim for Age Discrimination in Florida?

Employees may be able to file a claim for age discrimination in Florida if they believe they have been treated unfairly in violation of employment laws. Employees can potentially bring claims for actions involving hiring, promotions, layoffs, discipline, pay and benefits, and termination. The facts and circumstances of each situation matter, and claims depend on the specific facts, evidence, and reasons for an employer’s conduct.

What Is the Average Payout for Age Discrimination?

There is no average payout for an age discrimination claim. Every situation is fact-specific and can vary based on the amount of income lost, benefits, emotional distress, the strength of the evidence, and the claims that apply to the situation. An employment law attorney can evaluate a potential claim and discuss it with clients.

What Proof Do You Need for Age Discrimination?

Proof you need for age discrimination claims may include performance reviews, emails, internal documents, witness testimony, hiring data, and documents related to discipline. Additionally, information about how similarly situated employees were treated could be helpful. Employees often aim to show that age played a part in their employer’s actions, suggesting the provided reasons aren’t the full picture.

Is It Hard to Win an Age Discrimination Case?

Age discrimination cases are difficult primarily because employers usually have a legitimate reason for what they’ve done. Many times, the employee needs to prove there was evidence that age was a motivating factor in the decision to take adverse action. Good documentation, records, witnesses, and unequal treatment can all factor in the strength of your case.

Fort Lauderdale Age Discrimination Lawyer

If you feel you have experienced age discrimination in the workplace, it is important to contact an age discrimination lawyer to get the help that you deserve. At The Law Office of Michelle Cohen Levy, P.A., we put the needs of our clients first. Our knowledge and experience can help you pursue a claim against your employer. Contact us today for more information.

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