Can I File a Lawsuit for Age Discrimination?

Did you apply for a job, but a younger person was hired instead? Or were you recently laid off along with several other older workers, only to find out that your former employer rehired and filled your previous positions with new and younger employees? You could be the victim of age discrimination, and you could be eligible to file a claim. It is important to know that age discrimination in Florida employment is prohibited under the federal Age Discrimination in Employment Act of 1967 (ADEA) as well as the Florida Civil Rights Act (FCRA).

While some states allow employees of any age to file an age discrimination claim (such as very young employees who face discrimination, for example, or even employees in their 30s who face discrimination for being “too old), federal and Florida state laws only apply to job applicants and employees aged 40 and older. If you believe you have experienced unlawful age discrimination, you might be wondering: can I file a lawsuit? The following questions can help you understand your options.

Are You At Least 40? 

As we noted above, the federal ADEA and Florida’s FCRA only prohibit age discrimination for job applicants and employees aged 40 and up. Accordingly, you will need to be at least 40 years old to consider an age discrimination claim.

Is Your Employer Covered? 

In order to be eligible to file a claim under state or federal law, your employer must be “covered” by one of the relevant laws. The ADEA applies to employers with 20 or more employees, and the FCRA applies to employers with 15 or more employees.

Were You Treated Less Favorably Because of Your Age? 

When you applied for a job, or as an employee, were you treated less favorably than other job applicants or employees by the employer because of your age? Being treated “less favorably” can occur in many different facets of employment, including but not limited to:

• Hiring practices;
• Termination;
• Assigning jobs;
• Promoting employees;
• Laying off employees;
• Offering benefits or trainings;
• Harassment on the basis of age; and/or
• Retaliation in response to an employee exercising rights against age discrimination.

Can You Gather Evidence of Age Discrimination? 

In order to be able to win your claim, you will need to gather evidence that can support your position. An experienced employment discrimination lawyer can help with this process and can provide you with more information about the type of evidence that could be useful in your case. Some types of evidence that may be used to support age discrimination claims include but are not limited to:

• Job advertisements;
• Email communications;
• Internal memos; and
• Performance reviews.

Contact a Palm Beach Gardens Age Discrimination Lawyer 

If you have any questions or concerns about age discrimination, or if you want to find out more about your ability to file a claim, an experienced Palm Beach Gardens age discrimination attorney at Sconzo Law Office can assist you. Contact us today to discuss the details of your case and to find out more about your options for seeking back pay, reinstatement, or other forms of remedy based on your experiences.

Sources:

eeoc.gov/statutes/age-discrimination-employment-act-1967

leg.state.fl.us/Statutes/index.cfm/Ch0319/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760.html