There was a time, not all that long ago, when people were expected to retire by the time they reached around age 60. To find someone who was well into their “Golden Years” was certainly the exception to the norm. Today, however, retiring at age 60 is the exception instead of the norm. The increased number of older workers in the workforce in the United States has led to a new form of employment discrimination – age discrimination. If you believe that you have been the victim of age discrimination the first question you need the answer to is “ What employees are protected from age discrimination? ”
In the United States it is no longer unusual to see older workers in just about any industry. The cashier at your local grocery store may be someone’s grandmother just as the gentleman helping you pick out materials at the local hardware store may be someone’s grandfather. Some workers choose to work well past retirement age while others do so out of necessity. Regardless of the reason, the reality is that younger workers are now competing with older workers for jobs in the U.S. Unfortunately, this can lead to age discrimination. Age discrimination applies to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The good news is that age discrimination is illegal in the U.S.
In the U.S., both federal and state laws forbid age discrimination in employment. The Age Discrimination in Employment Act, or ADEA, is where the federal prohibition against age discrimination in employment is found. The ADEA, however, only protects workers who are age 40 or older from discrimination based on age in the workplace. Fortunately though, the State of Florida also prohibits age discrimination in the workplace. The Florida Civil Rights Act, or FCRA, makes it illegal to discriminate in employment based on a variety of factors or characteristics, including age. Unlike its federal counterpart, however, the FCRA does not limit the prohibition on age discrimination to a specific age group. Therefore, a claim for age discrimination in the workplace can be made without regard to the age of the claimant in the State of Florida, assuming of course that there are grounds on which to make the claim.
If you believe that you have suffered employment discrimination based on your age, or you have additional questions or concerns about age discrimination in general, contact the experienced Florida employment law attorneys at Richard Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment.