Labor & Employment Law
Age Discrimination in Florida
Age discrimination in the workplace occurs when an employer treats an employee unfairly based on age. This can include refusal to hire, demotions, terminations, pay disparities, denial of benefits, or policies that disproportionately affect older or younger employees.
Legal Protections Against Age Discrimination
- Federal Law (ADEA): Protects employees 40+ working for employers with 20+ employees. Claims must be filed with the EEOC within 300 days.
- Florida Law (FCRA): Protects employees of any age working for employers with 15+ employees. Claims must be filed with the FCHR within 365 days.
- Local Ordinances: Some counties and cities provide additional protections with shorter filing deadlines.
Key Age Discrimination Issues
- Harassment: If age-based harassment creates a hostile work environment, it may be illegal.
- Forced Retirement: Generally prohibited, with limited exceptions for certain professions.
- Benefits & Compensation: Employers cannot reduce benefits due to age, except under limited cost-equalizing circumstances.
- Retaliation: It is illegal for an employer to retaliate against an employee for reporting age discrimination.
Legal Remedies
Successful claims may result in:
- Lost wages and benefits
- Reinstatement or front pay
- Emotional distress and punitive damages (under Florida law)
- Attorney’s fees and litigation costs
- Liquidated damages if a willful violation is proven
If you believe you have experienced age discrimination, Sass Law Firm is here to help. Contact our experienced attorneys to understand your rights and take action before filing deadlines expire.
Frequently Asked Questions
In the workplace, ageism or age discrimination is when an employer treats an employee, or group of employees, less favorably in the terms and conditions of employment based upon their age. This includes when an employer:
- Doesn’t hire you
- Demotes you
- Terminates you
- Passes you over for a promotion
- Pays workers differently based on age
- Denies any other benefit because of your age
- Administers benefit plans differently based on your age
Age discrimination also occurs when an employer has policies or practices that appear neutral but have a disproportionate impact on older or younger workers.
Federal Law: The Age Discrimination in Employment Act of 1975 (ADEA) protects workers who:
- Work for employers with 20+ employees
- Are 40 years old and above
Must file with U.S. Equal Employment Opportunity Commission within 300 days of the date employee knew or should have known of the discrimination
Florida State Law: The Florida Civil Rights Act (FCRA) protects workers who:
- Work for employers with 15+ employees
- Are any age (too young or too old)
Must file with Florida Commission on Human Relations within 365 days of the date employee knew or should have known of the discrimination
Local Ordinances: Many counties and cities have ordinances that prohibit age discrimination, which may apply to smaller employers and have shorter statute of limitations.
- Age is a bona fide occupation qualification
- Statutory requirements
- Age was not the “but for” reason for the adverse action
- Compliance with a bona fide seniority system, benefit plan or retirement plan
Yes, if the harassment is so frequent or severe that it creates a hostile work environment or results in an adverse employment action. Generally isolated comments are not actionable unless they are severe. You may be required to report the harassment if your employer has a harassment policy and complaint procedure in place.
Generally, no. However, there are some exceptions for firefighters and law enforcement officers who can be forced to retire if the state or local government implements a mandatory retirement age. In addition, an employer may be permitted to require compulsory retirement of a “bona fide executive or high policymaker” who has at least attained the age of 65 years and has been employed in this position for the two years preceding retirement, provided that the employee is entitled to an immediate nonforfeitable annual retirement benefits of at least $44,000. Special exceptions also apply to airline pilots.
No. Under the Older Workers Benefit Protection Act (OWBPA), your employer cannot reduce or deny previously held benefits because of your age. However, your employer may sometimes reduce your benefits if the reduction will make your benefits equal to the cost of benefits for younger employees.
No. If you are covered by the laws prohibiting age discrimination, it is illegal for your employer to retaliate against or harass you because you complained about age discrimination in the workplace.
Under the federal Age Discrimination in Employment Act:
- An injunction against your employer
- Lost wages, including value of lost benefits
- Front pay, including value of lost benefits
- Reinstatement
- Liquidated damages in the same amount as your lost wages if you can prove that the employer willfully violated the law
- Attorneys’ fees and costs
- Pre-judgment interest
Under the Florida Civil Rights Act:
- An injunction against your employer
- Back Pay, including value of lost benefits
- Front pay, including value of lost benefits
- Reinstatement
- Unlimited emotional distress damages
- Attorney’ fees and costs
- Prejudgment interest
- Punitive damages capped at $100,000