Age Discrimination
Let Our Miami Employment Law Attorneys Protect You
The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment
discrimination based on age. The
ADEA's protections apply to both employees and job applicants.
Under the
ADEA, it is unlawful to discriminate against a person because of his or her
age with respect to any privilege of employment. This includes:
- Hiring
- Firing
- Promotion
- Layoffs
- Compensation
- Benefits
- Job assignments
- Training
Also, the ADEA prohibits retaliation against an individual for opposing
employment practices that discriminate based on age. This includes issues
such as filing an age
discrimination charge, testifying about age discrimination, or participating in an ADEA proceeding.
What Is the ADEA?
The
ADEA applies to employers with 20 or more employees, including state and local
government, agencies, and labor organizations. The
ADEA generally makes it unlawful to include age preferences in job notices
or advertisements.
The
ADEA does not specifically prohibit an employer from asking an applicant's
age or date of birth. However, these requests for age information will
be closely scrutinized to make sure that the inquiry was made for a lawful
purpose, rather than for a purpose prohibited by the
ADEA.
Are you facing an age discrimination case? Do not hesitate to
contact Remer & Georges-Pierre PLLC at 305.416.5000 for more information. We offer new clients a
free initial consultation to help you get started.