Understanding Age Discrimination in the Fort Lauderdale Workplace
Protecting Your Rights Against Unfair Treatment Due to Age
Age discrimination involves treating an applicant or employee less favorably because of his or her age.
The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.
Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.
If you believe you've experienced age discrimination, don’t face it alone. Contact our Fort Lauderdale firm today for a consultation and learn how we can help you uphold your rights and seek justice.
Age Discrimination & Harassment
Age-based harassment in the workplace is illegal and involves treating someone unfavorably because of their age. Such harassment can include offensive or derogatory remarks about a person’s age, creating an unwelcoming or hostile environment. While the law does not prohibit isolated incidents, casual remarks, or light teasing, age-based harassment crosses the legal line when it becomes frequent or severe enough to create a hostile or offensive work environment. Additionally, harassment is illegal if it leads to adverse employment actions, such as demotion, termination, or other punitive measures against the victim.
Importantly, the harasser does not have to be a direct supervisor. The individual responsible for harassment can be anyone in the workplace, such as a supervisor from another department, a co-worker, or even a non-employee, such as a client or customer. Protecting employees from age-based harassment is crucial for maintaining a fair and inclusive workplace.
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Age Discrimination & Work Situations
The law strictly prohibits age discrimination in all aspects of employment. This means that employers cannot make decisions based on age when it comes to critical areas such as hiring, firing, compensation, job assignments, promotions, or layoffs. Additionally, age cannot be a factor in decisions related to training opportunities, employee benefits, or any other terms, conditions, or privileges of employment. These protections ensure that individuals aged 40 and older have equal access to fair treatment and advancement in the workplace, safeguarding their rights across every stage of their employment.
Age Discrimination & Employment Policies/Practices
An employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age (RFOA).
If you've been impacted by age discrimination in the workplace, call (954) 420-6406 today. Let us help you understand your options and take action to protect your rights.