Age discrimination, also known as age bias, is a persistent issue in workplaces across the United States. While the law protects employees from discrimination based on their age, many older workers still face challenges when it comes to hiring, promotions, training opportunities, and job retention. In Florida, as in the rest of the country, employers are prohibited from discriminating against employees or job applicants based on age. However, age discrimination can be subtle, making it difficult to identify and address.

In this article, we will explore how to spot age discrimination in the workplace, the specific laws in Florida that protect workers from age bias, and what you can do if you believe you’ve been a victim of this illegal practice.

If you need legal help, reach out to the Florida employment lawyers at Brandon J. Broderick, Attorney at Law. Our phone lines are open 24/7.

What is Age Discrimination?

Age discrimination occurs when an employee or job applicant is treated less favorably because of their age. According to the Age Discrimination in Employment Act (ADEA), this type of discrimination is illegal for workers aged 40 and older. While the ADEA is a federal law, many states, including Florida, have additional laws that protect workers from age-based discrimination.

Age discrimination can manifest in several ways, including:

• Hiring Bias: When older applicants are passed over for jobs in favor of younger candidates, even if they are equally or more qualified.
• Promotion and Pay Disparities: Denying promotions or raises to older employees, or paying them less than younger workers for the same job.
• Unfair Job Terminations: Terminating older employees in favor of younger ones, particularly during layoffs or company reorganizations.
• Harassment: Jokes or derogatory comments related to an employee’s age, or pressuring older employees to retire.

Florida’s Age Discrimination Laws

In addition to federal protections under the ADEA, Florida workers are also protected by the Florida Civil Rights Act (FCRA). This state law makes it illegal for employers to discriminate against employees based on age, race, gender, religion, or other protected characteristics.

Florida’s age discrimination laws apply to both public and private employers with at least 15 employees. The FCRA covers all aspects of employment, including hiring, firing, promotions, wages, and job assignments. If you believe that your employer is engaging in age discrimination, you have the right to file a complaint with the Florida Commission on Human Relations (FCHR) or pursue a lawsuit.

How to Spot Age Discrimination in the Workplace

Age discrimination is often difficult to prove because it can be subtle and may not always be explicit. Here are some signs that age discrimination may be happening in your workplace:

1. Hiring Patterns Favor Younger Candidates: If your company frequently hires younger workers for positions that older employees are equally qualified for, this may indicate age bias in the hiring process. Employers may cite factors such as "energy" or "new ideas" as reasons for choosing younger candidates.
2. Promotion Denials Without Cause: Older employees who are repeatedly passed over for promotions in favor of younger, less-experienced colleagues should be concerned about potential age bias. Promotions should be based on merit, not age.
3. Age-Related Comments or Jokes: Casual jokes about someone being “too old for the job” or comments like “you don’t keep up with technology” may seem harmless, but they can be signs of a discriminatory attitude.
4. Sudden Poor Performance Reviews: If an older worker who has historically received positive reviews suddenly starts receiving poor evaluations, especially if younger employees with similar performance are not, this could be a sign of age discrimination.
5. Pressure to Retire Early: Employers may subtly or explicitly pressure older employees to retire early. This might include offering retirement incentives or implying that continued employment is no longer guaranteed.

How to Combat Age Discrimination in Florida

If you believe you’ve been subjected to age discrimination in Florida, there are several steps you can take to protect your rights:

1. Document Everything

Keep a record of any discriminatory comments, actions, or patterns you notice in the workplace. Save emails, text messages, or other communications that may suggest age bias. Having documentation can be critical in proving your case.

2. Report the Discrimination

Most companies have policies in place for reporting workplace discrimination. Start by reporting the issue to your supervisor or human resources department. This creates a record of your complaint and gives your employer the opportunity to address the issue.

3. File a Complaint with the FCHR

If your employer does not take appropriate action to resolve the discrimination, you can file a complaint with the Florida Commission on Human Relations (FCHR). The FCHR will investigate your complaint, and if it finds evidence of age discrimination, it may attempt to resolve the issue through mediation.

4. File a Lawsuit

If mediation through the FCHR is unsuccessful or if you prefer to pursue legal action directly, you may have the option to file a lawsuit. Under both the ADEA and FCRA, you may be entitled to compensation for lost wages, emotional distress, and other damages related to the discrimination.

Call Brandon J. Broderick For Legal Help

Navigating Florida employment law claims can be challenging. Fortunately, you don't need to do it alone. The experienced employment lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.