Chanfrau & Chanfrau

Age Discrimination in the Workplace: Do You Have a Case?

By William Chanfrau, Jr. on March 15, 2019

An employee’s packed box after being firedThere are many types of employment discrimination. Age discrimination can occur when employees are treated unfavorably due to their age. The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees and job applicants over the age of 40 from age-based discrimination.

At Chanfrau & Chanfrau in Daytona Beach, FL, we can determine if you have an age discrimination case. If you believe you were treated unfairly by an employer or company due to your age, contact us to schedule a case evaluation.

Age Discrimination Laws

Under federal law, individuals over the age of 40 are protected under both the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefit Protection Act of 1990 (OWBPA).

The ADEA prohibits discrimination and harassment due to age. This federal law covers discrimination in all aspects of the workplace, including:

  • Hiring 
  • Firing 
  • Pay 
  • Job assignments  
  • Promotions 
  • Layoffs  
  • Training  
  • Benefits
  • Any other condition of employment

Employers must be able to show that their decisions are based on a factor other than age. The best way to protect your rights and receive the compensation you deserve is by hiring an attorney with the skills to advocate for you.

The OWBPA further protects older workers. Your employer cannot terminate your employment because your benefits are too costly. Additionally, your employer can’t fire you to prevent your pension from vesting. Both of these practices are considered illegal under federal law.

What Does Age Discrimination Look Like?

Age discrimination, like other forms of workplace discrimination for race, gender, or disability, can take many forms. Some examples of age discrimination include:

  • Being passed over for a promotion for a younger hire with less experience
  • Losing your job during layoffs, while younger employees with less seniority and work experience maintain their positions
  • An employer denying you employment in favor of a younger individual
  • Being fired in favor of younger employees with lower salaries
  • Being denied benefits due to your age

If these events or something similar occurred when you were let go from your position or not hired in the first place, you may have cause to pursue a workplace discrimination lawsuit.

Contact an Employment Law Attorney

Workers that are 40 years of age or older may be treated differently in the workplace due to the perceived advantages that younger workers bring to employers. If you weren’t hired, or you were laid off or fired, you may have an age discrimination case.

Employers and large companies often have qualified attorneys to represent them in workplace discrimination and other employment law cases. The best way to protect your rights and receive the compensation you deserve is by hiring a workplace discrimination attorney with the skills to advocate for you.

To find out more about our services or schedule a time for a case review, contact us online or call us at (386) 258-7313.

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