As the expected lifespan of the average American continues to increase, the American workforce finds itself inundated with older workers.
Where just a generation or two ago it was virtually unheard of for people to continue working into their 60s and 70s, today it is uncommon for people to actually retire at the official retirement age of 65.
Unfortunately, this has also led to age discrimination in the workplace. If you believe you have been the victim of age discrimination you may be wondering “ How can I prove age discrimination? ”
Both federal and state laws protect workers from various forms of employment discrimination, including age discrimination.
At the federal level, the Age Discrimination in Employment Act, or ADEA, prohibits age discrimination; however, the protection offered by the ADEA only applies to workers who are age 40 and over.
HEAR THE HARD TRUTH ABOUT ON THE JOB AGE DISCRIMINATION
The state counterpart, the Florida Civil Rights Act, or FCRA, also prohibits age discrimination in the workplace but, unlike the ADEA, does not specify an age at which the protections offered by the state apply.
Proving any type of discrimination in the workforce can be difficult. If an employer is engaging in discriminatory employment practices there is a good chance that the employer will attempt to hide that fact from employees and prospective employees.
HAVE QUESTIONS ABOUT A POTENTIAL AGE DISCRIMINATION CLAIM?
If you are an active employee and feel you have been passed up for promotions and treated unfairly because of your age it may help to keep a journal and write down information that you believe evidences age discrimination on the part of your employer.
In most cases, however, the only way to truly uncover proof of age discrimination is to work with an employment law attorney.
An experienced Florida employment law attorney can access the documents and evidence necessary to prove your claim of age discrimination.
Your attorney may be able to force your employer, through the use of court ordered subpoenas, to hand over business records relating to the hiring firing, and promotion of employees and applicants.
Typically, when an employer is engaging in discriminatory practices, those records will show a pattern that indicates discrimination has been occurring. Only an attorney, however, has the ability to access those records which is why it is best to consult with an age discrimination lawyer the minute you suspect you have been the victim of discrimination.
If you have additional questions or concerns about age discrimination click here to contact the experienced Florida employment law attorneys at Celler Legal, P.A. or by calling 954-716-8601 to schedule your appointment.