An older worker may worry that age affects a job decision. Maybe a younger employee gets a promotion, or a manager starts talking about retirement. These situations can raise questions about age discrimination. Florida workers age 40 and older may have legal protections when age affects employment decisions.
When can age discrimination occur?
Under federal law, employers generally cannot discriminate against workers age 40 or older because of age. The Florida Civil Rights Act also protects workers from age discrimination and applies to a broader range of employers than federal law. These protections can apply to hiring, firing, pay, promotions, layoffs and job assignments.
An employer does not violate the law every time it makes a decision that affects an older worker. The key issue involves whether age influenced the decision. Consider these examples:
- A manager passes over an older employee for a promotion because the manager wants younger workers.
- An employer chooses older workers for layoffs because of their age.
- A company cuts an older employee’s hours because it assumes the worker cannot keep up.
- A supervisor repeatedly makes age-based comments, creating a hostile work environment, and then takes negative action against the worker.
- A hiring manager rejects an older applicant based on assumptions about the person’s age rather than job qualifications.
These situations can help identify possible concerns. The circumstances and available evidence also matter.
What evidence may help?
Workers can keep emails, text messages, performance reviews and other records that relate to an employment decision. They can also write down dates, comments and changes in their duties or treatment. Comparisons with younger workers may provide useful context.
The federal Age Discrimination in Employment Act applies to private employers with 20 or more employees. Florida’s Civil Rights Act applies to employers with 15 or more employees, which means some Florida workers who cannot bring a federal claim may still have state-law protections. Deadlines for filing age discrimination claims are strict. Under federal law, workers in Florida typically have 300 days from the discriminatory act to file a charge with the EEOC. Under Florida’s Civil Rights Act, workers generally have 365 days to file with the Florida Commission on Human Relations. Missing these deadlines can eliminate the right to pursue a claim.
Documenting the timeline, the decision-maker’s statements and comparisons with younger employees can help an older worker assess whether age may have influenced a workplace decision.
What protections may apply after age discrimination
If an employer makes an employment decision based on age, the worker may have legal protections under federal and Florida law. If an employer makes an employment decision based on age, the worker may have legal protections. Learning how the rules apply to the specific situation can help the worker decide what steps to take next.
