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What Is Age Discrimination?


Discrimination based on a person's age is a humiliating experience. When it happens on the job, it is also illegal under Florida and federal law.

The federal Age Discrimination in Employment Act makes it illegal for employers to discriminate against or harass employees who are age 40 or older. The ADEA applies to employers with 20 or more employees. Florida's Civil Rights Act offers similar protection, but applies to more employers: those with 15 or more employees.

Are You a Victim of Age Discrimination?

Age discrimination can take many forms. Here are a few examples:

  • An employer includes age references in an internal or external job notice
  • An employer discriminates against older job applicants in hiring
  • An employer targets older workers in job terminations or layoffs
  • An employer discriminates against older employees in promotions
  • An employer has age restrictions in a job-training program
  • An employer denies certain job benefits for older workers
  • An employer retaliates against an employee for opposing age discrimination

The ADEA and Florida law also make it illegal to harass a worker based on his or her age. Harassment is an attempt to make a person's job so unpleasant, he or she will quit. Examples of harassment include:

  • Making offensive remarks with reference to a person's age
  • Making repeated comments about an employee's age, such as "Isn't in time for you to retire?"

The distinctions between legal actions and illegal age discrimination can be subtle, and only an experienced employment lawyer can advise you if you have a case of age discrimination against your employer.

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