Understanding Age Discrimination in the Workplace
If you have been forced into early retirement, terminated, or denied a promotion solely due to your age, we understand the pain and frustration you are facing. Attorney Michael O. Massey, with his J.D. earned with High Honors from the University of Florida College of Law, has dedicated his practice to fighting against this often-overlooked form of discrimination.
Unfortunately, age discrimination is often not taken seriously by employers or the public. However, you have the right to fight back, and there are legal protections in place to support you. Attorney Massey's judicial clerkship experience with Chief Judge Maurice M. Paul in the U.S. District Court provides him with invaluable insight into how federal courts interpret and apply age discrimination laws.
In some cases, it may even seem as though employers are unaware that both state and federal laws strictly prohibit age discrimination. At Massey & Duffy, PLLC, Attorney Massey's comprehensive legal background ensures that you understand your legal rights and can explore all available options.
Age Discrimination Protections Under Federal and State Law
Both federal and state laws strongly protect employees from age discrimination. Attorney Massey's academic excellence, evidenced by graduating in the top 10% of his class and serving as Senior Research Editor for the Florida Journal of International Law, has prepared him to navigate these complex legal frameworks with precision.
The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) is a federal law that offers robust protection against age discrimination in the workplace. Drawing on his specialized legal training, Attorney Massey helps clients understand key aspects of the ADEA:
Protected Age Group - The ADEA protects workers who are 40 years of age or older
Covered Employers - Applies to employers with 20 or more employees
Prohibited Practices - Forbids discrimination in hiring, firing, promotion, compensation, and terms of employment
Harassment Protection - Prohibits age-based harassment creating a hostile work environment
Anti-Retaliation Provisions - Protects employees who oppose age discrimination or participate in proceedings
The Florida Civil Rights Act
Similarly, the Florida Civil Rights Act provides additional protection for Florida workers. Attorney Massey's in-depth knowledge of state law ensures comprehensive representation for age discrimination victims.
Section 760.10 of the Florida Civil Rights Act states:
It is an unlawful employment practice for an employer: (a) To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status.
The Florida law offers certain advantages over federal protection:
Broader Coverage - Applies to employers with 15 or more employees
Expanded Remedies - Potentially greater damages available in certain circumstances
Administrative Options - Alternative procedural pathways for resolution
Common Forms of Age Discrimination
Since establishing Massey & Duffy, PLLC in 2003, Attorney Massey has represented numerous employees facing various forms of age discrimination. His extensive litigation experience, combined with his background in construction litigation at Vezina, Lawrence, & Piscitelli, P.A. and Moye, O'Brien, O'Rourke, Hogan & Pickert, P.A., enables him to recognize subtle forms of age bias:
Termination and Forced Retirement
Layoffs Targeting Older Workers - Pattern of selecting older employees for reduction in force
Early Retirement Pressure - Coercing older employees to accept retirement packages
Performance Standards Manipulation - Creating impossible standards for older employees
Position Elimination - Eliminating positions held by older workers only to recreate similar roles
Constructive Discharge - Creating intolerable conditions forcing older employees to resign
Hiring and Promotion Discrimination
Screening Out Older Applicants - Using code words like "energetic" or "fresh perspective" to filter candidates
Experience Caps - Limiting maximum years of experience to exclude older workers
Career Path Obstruction - Systematically overlooking older employees for advancement
Training Exclusion - Denying older workers access to professional development opportunities
Succession Planning Bias - Focusing development resources exclusively on younger employees
Compensation and Benefit Discrimination
Attorney Massey's specialized LL.M. in Taxation and previous experience as an International Tax Senior Consultant at Deloitte & Touche provide him with exceptional insight into age-related compensation and benefit issues:
Pay Disparities - Systemic underpayment of older workers compared to younger counterparts
Benefit Manipulation - Structuring benefits to disadvantage older employees
Bonus Structure Bias - Creating incentive systems that indirectly penalize seniority
Retirement Plan Interference - Actions impacting pension vesting or retirement earnings
Health Insurance Discrimination - Coverage decisions impacting older workers disproportionately
Recognizing Age Discrimination in the Workplace
With his multiple Book Awards in subjects including Evidence and Civil Procedure, Attorney Massey helps clients identify actionable age discrimination:
Evidence of Age Discrimination
Ageist Comments - Remarks about being "over the hill," "too old," or needing "new blood"
Pattern of Treatment - Systemic differences in how older and younger employees are treated
Sudden Performance Issues - Previously strong performers suddenly receiving negative reviews
Statistical Evidence - Disproportionate impact of employment decisions on older workers
Comparative Treatment - Younger employees with similar qualifications receiving preferential treatment
Suspicious Timing - Adverse actions following age-related milestones or comments
Comprehensive Approach to Age Discrimination Cases
Attorney Massey implements a strategic methodology for handling age discrimination claims:
Initial Case Assessment
Detailed Fact Investigation - Gathering evidence of age-related comments and differential treatment
Document Review - Analyzing performance evaluations, communications, and policy applications
Comparative Analysis - Examining treatment of younger employees in similar situations
Pattern Identification - Uncovering broader discriminatory practices affecting multiple employees
Damage Assessment - Calculating financial impact of discriminatory actions
Strategic Case Development
EEOC/FCHR Charge Preparation - Crafting compelling administrative complaints
Evidence Preservation - Securing documentation before it disappears
Witness Identification - Locating current and former employees who observed discrimination
Expert Consultation - Working with economists and vocational experts on damages
Settlement Negotiation - Leveraging evidence for favorable pre-litigation resolution
Effective Litigation Strategy
Focused Discovery - Targeting key documents and testimony
Dispositive Motion Practice - Defeating employer attempts to dismiss valid claims
Compelling Trial Presentation - Translating complex evidence into persuasive narratives
Damages Calculation - Detailed assessment of economic and non-economic losses
Appeal Preparation - Preserving issues for potential appellate review
Fighting Age Discrimination
If you have been the victim of age discrimination, whether through forced retirement, wrongful termination, or other discriminatory practices, Attorney Michael Massey is here to help. With his distinguished educational background and commitment to employee rights, he will guide you through the process of filing a complaint or lawsuit, explain your rights, and help you understand the potential outcomes of your case.
The fact that you have worked hard and accumulated years of valuable experience should be an asset, not a liability. Contact Attorney Michael O. Massey at (352) 359-7538 or Massey@352law.com for a confidential evaluation of your age discrimination case.