Boca Raton Employment Discrimination Attorneys Advocating for Employees’ Rights Regardless of Age
Fighting for clients’ employment rights throughout South Florida
Ageism, age discrimination, while absolutely illegal is a major factor in the lives of workers who look older than 35-years-old. The Age Discrimination in Employment Act of 1967 (ADEA) turns 50 this year, and this law which protects people over the age of 40 from employment discrimination based on age. Floridians have additional protections under the Florida Civil Rights Act, which makes it an unlawful employment practices for an employer to discharge or fail to or refuse to hire any individual or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s age” (and other human characteristics such as race, sex or religion).
At the Yeboah Law Group, our Boca Raton employment discrimination lawyers offer comprehensive and informed representation for your employment discrimination case. We protect your right to fair treatment on the job, and we will be your advocate when you are ready to assert those rights to which you are entitled under the law.
Age discrimination is common, but difficult to prove
Despite these robust protections, age discrimination continues to thrive because it is impossible to legislate human behavior. A story in the Los Angeles Times reported that the EEOC received 20,857 claims of age discrimination in 2016, and they found that 65% of older workers say that their age is a barrier to getting a job. The Times story also mentioned that women often experience age discrimination in hiring practices before they reach age 50, while men do not experience it until years later.
While there are some successful cases, age discrimination cases can be challenging to prove. Nextavenue.com recounts the story of a 54-year-old office worker in Hawaii who, despite excellent ratings by her manager, was fired in 2008. She learned that her company’s owner had made disparaging remarks about her to other employees saying that she looked, “like a bag of bones,” and that she, “sounds old on the telephone. The woman won a $193,236 judgment in U.S. District Court. Most bosses are smart enough not to make such offensive comments, which can make proving age discrimination cases so challenging.
Proving workplace age discrimination
An employee would have to prove that his or her age played a significant role in the employer’s decision to fire them, to not hire them, demote them or take any other adverse employment action against them. The employee must be able to show that an employee who was favored above them was significantly younger.
Examples of age discrimination in the workplace
Laws that protect workers from age discrimination also cover the hiring process. Now that so many job listing sites are online, technology can be used as a barrier to older employees. For example, an online search engine for job opportunities may have applications with required fields requesting date of birth and date of high school graduation. Employers can then filter their searches for applicants within a preferred date range. A story on NPR.com reported that some job search websites that were excluding older workers on a resume-building tool, the dates on the drop-down menu that required users to select the year they graduated from high school only went back to 1980, which would automatically exclude anyone over the age of 52.
The American Association of Retired People (AARP) has created a program to help fix the problem of ageism in job searching and the workplace in general called, the Employer Pledge Program, where companies promise to ensure an equal opportunity to all workers and job seekers regardless of their age.
Given that most employers are not going to be blatant about their discrimination practices and start calling you an “old timer.” There are other albeit subtle signs of age discrimination that can take place at work such as:
- A sudden shift to less favorable performance reviews despite a record of favorable reviews and a great reputation in your department
- Older workers being assigned the least favorable assignments
- Older employees are no longer receiving raises while younger employees continue to receive raises.
- Biased, age-related comments
- Being passed-over for promotions
- Seeing a pattern of only younger employees being hired
Work with a Boca Raton employment discrimination attorney
Do you feel as if you have been illegally terminated or treated unfairly in your job? You may benefit from a conversation with a Boca Raton employment discrimination lawyer who has experience representing clients who have suffered because of age discrimination and other forms of employment discrimination. Our Boca Raton employment discrimination attorneys will listen to your case and advise you on the best course of action.
Contact a skilled South Florida employment discrimination lawyer now
If you believe that are facing workplace discrimination, which is against the law and is grounds for legal action, the skilled Boca Raton employment discrimination attorneys of Yeboah Law Group are here to represent your interests and fight for your right to be treated fairly in the workplace. Just a minute away from Publix Super Market at Fifth Avenue Shops, please feel free to contact us today for experienced guidance and a firm commitment to your case. You can call us at 1-800-TELL-SAM or complete our contact form to schedule a free consultation.
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Types of Cases We Handle
Our Boca Raton attorneys handle a variety of cases, including:
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Boca Raton Office
Yeboah Law Group, P.A.
1515 N Federal Hwy
[available by appointment only]