Federal Protections for Older Employees
The ADEA is a federal law that specifically protects individuals aged 40 and over. This law targets discriminatory behavior in all areas of employment, including:
- Job assignments
For example, if you were fired because your company wants to hire younger employees willing to work for less money or if an employer refused to hire you because they wanted a younger-looking individual to do the job, you may be able to pursue an age discrimination lawsuit.
The ADEA also guards against harassment in the workplace. While casual joking is not considered illegal, harassment may involve offensive or derogatory remarks about your age. According to the Equal Employment Opportunity Commission, harassment includes any actions that are frequent and severe enough to create a hostile or offensive workplace.
The Older Workers Benefit Protection Act of 1990 (OWBPA) amended the ADEA to provide additional protections and prevent employers from denying benefits to older employees. Under this act, it is illegal for an employer to fire you to avoid paying your pension or because your benefits are too costly.
At Chanfrau & Chanfrau, our employment discrimination attorneys can work with you to...collect the maximum level of compensation.
However, your employer is only required to follow the “equal benefits or equal cost” rule. If the company elects to pay a flat fee for monthly premiums for all workers, this policy does not violate the OWBPA, even if it results in lesser benefits for older workers than younger ones.
Seeking Remedial Actions
In age discrimination cases, there are a variety of compensatory or remedial actions an employer may face if the court rules in your favor. You may be able to recover:
- Back pay
- Front pay
- Attorney fees
- Court costs
In addition, if the company willfully violated the ADEA, you may be eligible for liquidated damages up to twice the amount of back pay. At Chanfrau & Chanfrau, our employment discrimination attorneys can work with you to build a case and collect the maximum level of compensation possible.
Protect Your Rights
Under federal law, you are entitled to equal treatment regardless of your age. If you are over 40 years old and have been subject to unfair business policies, you may have a case for an age discrimination lawsuit. Call our office in Daytona, FL at (386) 258-7313 or in Palm Coast at (386) 439-7760 or contact us online today to learn more about our employment law services.