What is Age Discrimination?
In many workplaces around the world, individuals are wrongfully discriminated against due to their age, with many workers over the age of 40 being treated differently than other employees within the same organization. It is also the case that many times younger employees under 30 can be classified a certain way by management and often treated differently solely based on their age and not capacity or performance. Any type of discrimination is unacceptable but one needs to understand what the law has to say as to your rights and protections from being a victim of age discrimination. a Miami Employment attorney can explain these rights and go over what your legal options may be but heres a brief overview of some of the protections afforded by law.
What Protects Workers Against Age Discrimination?
The Age Discrimination in Employment Act of 1967 or ADEA was enacted into law by Congress to protect individuals from workplace discrimination who are at least 40 years old. It protects said individuals from discrimination based on age in promotions, hiring, compensations, firings, and conditions or privileges of employment. The ADEA is enforced by the EEOC through legal action. ADEA prevents businesses from firing qualified workers in favor of younger employees. If you feel this may be applicable to your situation your best option is to speak to an experienced Miami employment attorneys like the ones here at PereGonza The attorneys. We are ready to help any way we can.
Can Employers Find a Way Around The ADEA?
Employers can have employees sign a document that waives their ADEA claims. These waivers are allowed under the Older Workers Benefits Protection Act (OWBPA) but must meet some basic requirements. It is always sugested that you speak with a Miami employment attorney about your specific situation whether you believe you signed a waiver or not.
Said requirements are:
- It must be written in a manner calculated to be understood
- It must specifically refer to rights or claims protected under the ADEA
- It must only address rights or claims which arose on or before the date it is executed
- The employee must be advised in writing to consult with an attorney
- The employee must be given at least 21 days to consider signing the release before executing them.
- The employee must be given 7 days after signing it to revoke it.
What Does a Worker Do in The Event of Age Discrimination?
If a worker claims that they were fired or replaced in preference to a younger worker they must show that the new worker is substantially younger, at the very least being three years younger. When a claim is made the initial burden of proof falls upon the employer, if the employer is able to show that the decision made was not influenced by the age of the worker then it is up to the worker to show how they were discriminated against on the basis of age. A Miami employment attorney can help to look at all the factors involved to determine the legality of the situation and further asses whether the issue could have been discrimination. Regardless, always speak with a Miami employment attorney if you feel you may be discriminated, don’t try to analyze the law yourself, get help from a professional.
Thousands of qualified workers are being fired or replaced because of their age. If you believe that you are being discriminated against on the basis of age it is strongly recommended that you obtain legal counsel.
PereGonza The Attorneys can offer a free consultation and give you insight on what the best course of action for what your specific case may be. Fill out our personal intake form for more information.
