Although a plaintiff may assert a cause of action for employment discrimination on the basis of age discrimination, there are exceptions to unlawful employment practices on the basis of age. For instance, it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to observe the terms of a bona fide seniority system or a bona fide employee benefit plan, such as a retirement, pension, or insurance plan or a system measuring earnings by quantity or quality of production that is not designed, intended, or used to evade the purposes of the statute. However, no such employee plan or system that measures earnings may be used by a defendant employer as an excuse for failing to hire an individual, and no such seniority system may excuse the involuntary forced retirement of an individual on the basis of any factor not related to the ability of the individual to perform the particular employment for which the individual has applied or in which the individual is engaged.

Additionally, it is not unlawful to:

• Take any action otherwise prohibited by law based on a bona fide occupational qualification reasonably necessary to do the normal operation of the particular business;
  
  

  Observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan that is not a subterfuge to evade the purposes of the law to evade the purposes of the law; or

  Discharge or otherwise discipline an individual for good cause.
  
  

  A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.