Discrimination is an ever-present problem both inside and outside today’s workplace. There are many different ways you, as an individual, may experience discrimination. One of the most often overlooked (but just as serious) form of discrimination is age discrimination. Age discrimination is one of the several types of discrimination may not hear about frequently, but it actually happens quite often. It is important that you are equipped with as much knowledge of the laws regarding age discrimination as possible, so you will know what to do in the event that your rights have been violated.
What is Age Discrimination?
Discrimination laws can often be difficult to perfectly interpret, this is why court proceedings are necessary in cases of discrimination. So what is age discrimination? According to the Equal Opportunity Employment Commission, “Age discrimination involves treating an applicant or employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination. It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.” In Florida, employees and prospective applicants are protected by both the Florida Civil Rights Act (Florida Statutes Section 760.10) and the Age Discrimination in Employment Act of 1967 (ADEA). Age discrimination is not a common practice per se, but it happens more frequently than you might think. While there are laws in place to make sure businesses are allowed to run as effectively and fairly as possible, not every type of differentiation (based on age) in the workplace can always be considered age discrimination. There is a good chance you have been discriminated against if you feel you have been treated differently or unfairly based on your age, however.
Age Discrimination Facts:
As we mentioned earlier, discrimination laws can be tricky. Age discrimination is no exception to this rule. Here are some little-known age discrimination facts and examples:
- The Age Discrimination in Employment Act of 1967 (ADEA) applies to both employees and job applicants. While employees shouldn’t hesitate to seek legal counsel if they suspect they have been discriminated against based on their age, applicants should also be just as weary. Age discrimination applies to prospective employees as well.
- Legally, employers can ask for your age. While you may think it doesn’t apply, employers will also have their own reasons to inquire about your age. Always be honest and forthright. Asking for your age is not an example of age discrimination.
- If you have been moved to a different position because your employer only wants their customers to interact with their younger employees, for example, you may be a victim of age discrimination.
- Using inappropriate language to describe a co-worker based on their age can be considered age discrimination.
- Refusal to pay employees the national minimum based on their age is a form of age discrimination. Adult minimum wage applies to adults 21 and over, and the development pay rate is for workers aged 18-20. 16-17-year-olds have a separate pay rate from both.
- Imposing job requirements that are too difficult for someone to meet based on their age is considered age discrimination.
Contact a Professional Age Discrimination Attorney in Tampa, FL
Age discrimination in the workplace can be a serious and devastating issue for employees and those seeking employment. No one should be discriminated against for any reason, including their age. You don’t have to go it alone. Stratigakos law firm is in your corner. If you feel you have been a victim of age discrimination, call 813.226.0067 or click here to schedule an appointment today!