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Pike & Lustig, LLP. We see solutions where others see problems.

South Florida Restaurant Settles Age Discrimination Lawsuit

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Recently, the Equal Employment Opportunity Commission (EEOC) announced that a Ruby Tuesday restaurant located in Boca Raton, Florida reached a $45,000 settlement in an age discrimination case. According to the agency, the restaurant violated federal anti-discrimination regulations when it declined to hire an experienced, well-qualified worker for a manager position.

When he was not offered the position, this applicant asked why he was rejected. The EEOC reports that a representative of Ruby Tuesday answered that the restaurant was looking for a manager who would be able to “maximize longevity.” Additional evidence was also obtained that suggested that the applicant’s age was one of the primary reasons why the company decided not to hire him.

This is an unlawful practice. Workers cannot be discriminated against on the basis of their age. Unfortunately, age discrimination remains a major problem in workplaces in Florida and throughout the United States. Here, our top-rated Miami employment law attorneys highlight three things that all employers and employees should know about our age discrimination laws.

 

  1. There are Both Federal and State Protections Against Age Discrimination

There are several different federal and state laws that protect workers against age discrimination. Most notably, South Florida workers are entitled to federal protection under the Age Discrimination in Employment Act (ADEA) and to state protections under the Florida Civil Rights Act ( Section 760.10). Any employee who has been discriminated against on the basis of age should be prepared to exercise their rights under these labor laws. 

  1. Age Discrimination is Unlawful at Any Stage of the Employment Process

Notably, age discrimination laws offer a broad range of legal protections. Florida workers are entitled to protection against age discrimination at all stages of the employment process. One of the biggest mistakes Florida employers make is not knowing their responsibilities under these laws. No employment-related decisions should be based solely on of a worker’s age. As seen in the aforementioned Ruby Tuesday case, Florida workers have protections during the hiring process. Further, these protections also include issues of promotions, raises and even layoffs. Finally, workers are also protected against age-based workplace harassment.

  1. Timing is a Key Factor in Age Discrimination Cases

When it comes to age discrimination lawsuits, timing is a critically important factor. As a general rule, those who suffered workplace discrimination must take action within 180 days of the last date that their rights were violated. While there are some exceptions to this requirement, the overall lesson is clear: Employees who were subject to any type of age discrimination should consult with an experienced Florida employment law attorney as soon as possible.  

Request Your Free Employment Law Consultation Today 

At Pike & Lustig, LLP, our Florida employment law attorneys have extensive experience handling age discrimination claims. Our law firm represents both employers and workers. To set up a free, no obligation review of your age discrimination case, please contact us today. From our primary office in West Palm Beach and our second location in Miami, we handling employment law disputes throughout South Florida.

Resource:

eeoc.gov/eeoc/newsroom/release/10-26-17.cfm

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