Miami Age Discrimination Lawyer

Fighting For Age Discrimination Victims in Florida

Job applicants and employees in Miami-Dade County have protection from discrimination based on their age under the federal Age Discrimination in Employment Act of 1967 (ADEA) and the Florida Civil Rights Act (FCRA), which is found at Florida Statutes Section 760.10. If you have suffered from age discrimination in your workplace, you should consult the Miami age discrimination lawyers at Phillips & Associates, PLLC. You may be able to file a lawsuit under Florida and/or federal law.

Call Phillips & Associates, PLLC today at (866) 229-9441 or contact us online to schedule a consultation with our age discrimination attorney in Miami.

The Age Discrimination in Employment Act

If you are over 40, you have protection under the federal Age Discrimination in Employment Act of 1967 (ADEA). The Equal Employment Opportunity Commission (EEOC) enforces and administers the ADEA. The ADEA covers employers with at least 20 employees. The ADEA prohibits discriminating based on age in pre-employment inquiries, apprenticeship programs, and ads or job postings, unless age counts as a bona fide occupational qualification that is reasonably needed for normal business operations. Similarly, employers cannot deny benefits to older employees. Discrimination can occur in connection with any employment decision, whether it be hiring, termination, layoffs, promotions, training programs, or pay. For example, if you are not promoted when you are 55, while your employer talks about needing “fresh faces” in management to keep up with the times, you may have a claim under the ADEA.

There are also highly specific requirements for ADEA waivers to ensure that the employee truly understands the waiver and is agreeing to waive their ADEA rights voluntarily. Sometimes these waivers are presented in the form of severance agreements. You should consult an age discrimination attorney in Miami about whether you should sign such an agreement.

The law applies to private employers and companies, as well as the federal government, and to employers that are considered local and state government entities. If you wish to file suit in Florida Federal Court, you need to file a charge with the EEOC within 300 days of the incident. It is crucial to meet these timelines to ensure that your rights are preserved. Missing a deadline could affect your ability to pursue legal action under the ADEA.

The Florida Civil Rights Act

While the ADEA protects only employees who are at least 40 years old, and it applies only to employers with a minimum of 20 employees and the federal government, the Florida Civil Rights Act covers employees of all ages and employers with a minimum of 15 employees.

Under the Florida Civil Rights Act, employers also cannot classify, segregate, or restrict work, based on an employee’s or applicant’s age in a way that would bar them from employment opportunities or negatively affect their status as employees. A Miami age discrimination attorney can advise you on whether your employer may have violated this rule.

Employers also cannot refuse to hire or fail to hire somebody based on his or her age. Similarly, employers (and employment agencies) are not allowed to print or publish advertisements or notices for employment that discriminate based on age. However, as with federal law, if there is a bona fide occupational qualification that is reasonably needed to do a certain job, and the discriminatory conduct based on age is related to that bona fide occupational qualification, the discrimination is not illegal.

If you win a lawsuit under Florida law, you are entitled to recover lost wages, any damages mentioned in your contract, compensatory damages, and a maximum of $100,000 in punitive damages. Under federal law, punitive damages are capped at $300,000 depending on the size of the employer.

Prevalence of Age Discrimination in Miami

In Miami, as elsewhere, age discrimination remains a persistent issue despite the legal protections in place. Miami's vibrant economy, which includes thriving sectors such as tourism, real estate, and finance, brings together a diverse workforce. However, this diversity sometimes leads to biased hiring practices that favor younger candidates under the misconception that they are more adaptable or technologically savvy.

A significant factor influencing age discrimination is the rapid pace of technological advancement, which can lead to older employees being unfairly perceived as less capable or unwilling to adapt to new technologies. Employers may overlook the extensive experience and knowledge that older employees contribute to the workplace, resulting in age-related biases. In Miami, such biases can manifest in various ways, including biased performance reviews, overlooked promotion opportunities, or suggestions of early retirement. Recognizing these patterns and taking documented action is crucial for employees to protect their rights and combat workplace ageism actively.

Frequently Asked Questions

What Constitutes Age Discrimination in the Workplace?

A common question at Phillips & Associates, PLLC is what actions or behaviors constitute age discrimination in the workplace. Age discrimination occurs when an employer treats an applicant or employee less favorably because of age. This can happen during hiring, promotions, job assignments, training opportunities, and layoffs. Notably, age discrimination is not only about denying opportunities but also includes harassment or creating a hostile work environment for individuals because of their age. Such behavior must be pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

How Can I Prove Age Discrimination at Work?

Proving age discrimination can be challenging, but not impossible. Essential steps include documenting discrimination, especially if you notice a pattern of comments or actions suggesting a bias based on age. Retain copies of all relevant communications, such as emails or performance reviews highlighting inconsistent treatment. Comparing your treatment with younger colleagues in similar positions is also crucial; disparities in treatment or benefits can serve as evidence. Consult with a Miami age discrimination attorney to assess the strength of your evidence and develop a strategic approach to your situation.

What Should I Do if I Am Experiencing Age Discrimination?

If you suspect age discrimination in your workplace, taking timely action to protect your legal rights is crucial. First, document every incident meticulously. Report the issue to your HR department or follow your company's formal complaint process. Keeping a personal record is equally important, as it can serve as evidence if legal action becomes necessary. Contact a knowledgeable Miami age discrimination lawyer to evaluate your case, advise on next steps, and ensure your rights are upheld.

Can Age Discrimination Occur Before I'm Hired?

Yes, age discrimination can occur even in the hiring process. Examples include biased job advertisements that indirectly discourage older applicants, age-related questions during interviews, and prejudiced decision-making. These actions violate federal and state laws, including the ADEA and FCRA. Knowing your rights is essential, and a Miami-based age discrimination lawyer can offer guidance on addressing these issues before accepting a position.

Is Age Harassment Different from Age Discrimination?

Age harassment is a form of age discrimination and involves unwanted conduct related to someone’s age, creating a hostile or offensive work environment. This could include ageist jokes, derogatory remarks, or other demeaning behaviors from colleagues or supervisors. For the conduct to be actionable, it must be offensive to a reasonable person and severe enough to create a hostile work environment. Employees facing age harassment should document instances diligently and consult with a Miami attorney experienced in age discrimination to explore legal remedies.

Contact Our Miami Age Discrimination Attorney Today

Sometimes employers have misguided ideas about what workers of different ages bring to the table. This bias is unwarranted and illegal. The age discrimination lawyers at our Miami office can help you hold an employer accountable for taking discriminatory actions against you based on your age. Call Phillips & Associates at (866) 229-9441 or complete our online form. We represent clients on a contingency fee basis, which means that we do not take attorneys’ fees unless we successfully secure a settlement or verdict on your behalf.

Contact us today to get started with Miami age discrimination lawyer.