Age Discrimination

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination by employers, employment agencies, or labor organizations against any individual “because of such individual’s age” in the terms of employment. The ADEA applies to all workers and employees over the age of 40, with no maximum age limitation (no legal protection is provided by the ADEA for those under 40).

It is unlawful for an employer to discharge or refuse to hire an individual, or otherwise discriminate against the individual with regard to employee pay, terms, conditions, or benefits, based on age (Section 760.10 of the Florida Statutes).

In order to file a legitimate age discrimination claim, an employee must prove that:

• The employee is a member of the protected age group
• The employee is qualified for the position he held
• The employee was discharged, demoted or otherwise adversely affected
• In the event of termination or demotion, a person outside of the protected class replaced the employee

It is important to keep in mind that the employee doesn’t necessarily have to prove that age was the exclusive reason for the employer’s decision. The employee must only prove that age “made the difference” or was a determining factor.

If you believe you have been the victim of age discrimination, or have questions about a possible claim, please call us for a free consultation at 888-238-2686.