Our lawyers assist elderly victims of ageism and age discrimination
The lawyers of Massey & Duffy, PLLC have the training and background to be able to identify all possible claims related to issues faced by older workers. Most employees over the age of 40 are protected against age-related job discrimination due to the widespread bias against older employees. For example, employees older than 40 may find that they are passed over for promotions in favor of less qualified employees because the boss wants a younger-looking office environment. Other instances of age discrimination at work might take the form of an employer laying off older employees so they can be replaced with younger people with lower salary requirements.
You deserve to be shown respect for your life experiences and job knowledge. As the baby boomer population gets older, age discrimination promises to be more prevalent than ever. If you feel that you have been discriminated against due to your age, our Florida discrimination lawyers can draw upon their vast experience in handling this type of case to help you.
Age discrimination takes many forms
- Denial of benefits to an older employee
- Impropriate comments such as “Grandma” or “Old Timer” or “your best days are behind you”
- Forced retirement or demotion
- Disciplined for something younger employees are not
- Overlooked for a promotion an equally qualified, but younger employee receives
The Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 (ADEA), according to the Equal Employment Opportunity Commission, forbids age discrimination against people who are age 40 or older. The ADEA protects both employees and job applicants. The ADEA applies to employers who have twenty or more employees, including state, federal, and local government. All ADEA rules apply to employment agencies and labor organizations. This law provides that an employee can file a lawsuit under this act sixty days after a charge of discrimination has been filed with the EEOC. An employee has ninety days from the date he or she receives a notice of termination or dismissal to commence a lawsuit. The EEOC is required to try to “conciliate” or resolve the dispute between the employer and the employee. The ADEA does not protect people younger than 40, but some states, like Florida have laws that protect younger people from discrimination.
There are some important differences between Florida State and Federal laws on age discrimination. It is imperative to contact an experienced age discrimination lawyer immediately to begin researching your case. Our legal team has years of experience that enable us to excel in the area of age discrimination in the workplace. Please do not hesitate in contacting us to set up your free employment law age discrimination consultation.
Damages available in an age discrimination case
The damages available in a age discrimination case very based on the facts. However, the following are typically included in a complaint requesting damages:
- an order declaring that Defendants violated Plaintiff’s rights;
- an order for compensatory damages for emotional pain, suffering, mental anguish, loss of enjoyment of life, dignitary injury, and other non-pecuniary losses;
- an order for back pay, including the economic value of lost employment benefits and interest on back pay;
- an order for expenses incurred for her being harassed into vacating her apartment as well as any deposits that may have been forfeited;
- an order for reasonable attorney’s fees (including expert fees) and costs;
- punitive damages;
- an order enjoining Defendants from engaging in any such unlawful employment practice under the FCRA;
- and for any other affirmative action or equitable relief as the Court deems appropriate; and for other and further relief as the Court deems just and proper.
Age discrimination resources
- The Age Discrimination Act of 1975 (http://www.dol.gov/oasam/regs/statutes/age_act.htm)
- S. Equal Employment Opportunity Commission: Age Discrimination (http://www.eeoc.gov/laws/types/age.cfm)
- United States Department of Labor: Age Discrimination (http://www.dol.gov/dol/topic/discrimination/agedisc.htm)
- Age Discrimination in Employment Laws (http://www.gpo.gov/fdsys/pkg/USCODE-1996-title29/html/USCODE-1996-title29-chap14-sec621.htm)
- Workplace Fairness http://www.workplacefairness.org/)
Contact the Lawyers of Massey & Duffy Today
If you may become involved in litigation as a result of unlawful age discrimination and are looking for experienced legal counsel, contact Massey & Duffy, PLLC, today for a free consultation. We would be happy to discuss your legal situation and advise you on the best legal course of action. As part of our commitment to our clients, we always provide personalized and caring service. At the law firm of Massey & Duffy, we have a philosophy of respect and integrity coupled with an uncompromising pursuit of justice. These values are demonstrated every day in the way we practice law. Our clients can rest assured that we will represent them aggressively and with the compassion that they deserve. If you have an age discrimination issue, please contact our Gainesville Florida lawyers today.