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.”
However, most cases are proven through the circumstantial evidence analysis. For instance, under ADEA, an employer who terminates an employee who is over the age of 40 for a “no call/no show” but does not terminate younger employees who commit the same infraction. Similarly, the inclusion of employees over the age of 40 in a Reduction-in-Force (“RIF”) while younger employees are not included in the RIF could support an age discrimination claim. Ultimately, whether legal grounds exist to support an age discrimination claim depends on the facts of each particular case.
Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims of age discrimination. If you believe you have been discriminated against because of your age, please contact the attorneys at BT Law Group for a consultation.