Age Discrimination Firm in Miami-Dade County, Florida
Age discrimination in the workplace occurs when an employer treats applicants or employees differently or less favorably because of their age. There are federal, state, and local laws that prohibit this type of discrimination. Under federal law, the Age Discrimination in Employment Act (“ADEA”), which applies to employers with 20 or more employees, and under Florida state law, the Florida Civil Rights Act (“FCRA”), which applies to employers with 15 or more employees, prohibit employers from discriminating against employees on the basis of their age. Under local laws in Miami-Dade County, for example, similar protections apply to employers that have 5 or more employees.
The FCRA does not contain an age limit, which means that employees younger than 40 may have a valid claim depending on the specific facts and circumstances of the case. In addition, reverse age claims may be permitted under Florida law.
The protections under federal and state law extend to all aspects of employment for employees and applicants, including hiring, pay, training, promotion, job assignments, discipline, layoff, and termination. Claims of age discrimination may be proven based on direct or circumstantial evidence. Some examples of direct evidence include a manager’s remark that the employee is being terminated “because you’re too old” or an interviewer’s comment that the company “won’t hire old candidates.”
