Our Firm Protects Workers 40-Years-Old and Older Against Age Discrimination

Dedicated to the protection of employees’ rights

The Florida Commission on Human Relations (FCHR) is a state agency created in 1969 to enforce civil rights laws — including those governing age discrimination in the workplace. According to an article published on the FCHR Website, “Age Discrimination in Florida Is on the Rise,” 20 percent of employment complaints closed by the FCHR in the 2007–2008 fiscal year were based on age discrimination. If you suspect you were treated unfairly at your workplace or during your job application because of your age, our lawyer at Pfeffer & Associates can investigate your claim and give you candid, knowledgeable advice about next steps and potential outcomes.

The Age Discrimination and Employment Act and the Florida Civil Rights Act

The Age Discrimination and Employment Act (ADEA) of 1967 and the Florida Civil Rights Act form the foundation for protecting workers from age discrimination. The ADEA has been amended by several important legislative acts, including the Older Workers Benefit Protection Act and the Civil Rights Act of 1991. The Florida Civil Rights Act, codified in Chapter 760 of the Florida Statutes, mirrors the federal legislation.

Who is protected from age discrimination?

Age discrimination laws do not just apply to seniors. The federal and Florida statutes protect relatively young people who are age 40 and older. Employers are prohibited from treating employees and job candidates less favorably based on their age. However, an employer can favor an older person over a younger one, even if both are over the age of 39. The regulations apply in situations in which the recruiter is also over 40 years old.

Reasonable factors other than age defense

In the past, employers sought to protect themselves by implementing company-wide policies that apply to all employees or applicants equally, regardless of their age. Nonetheless, these policies may still be illegal if they are not based on reasonable factors other than age (RFOA) and adversely affect workers and recruits who are over the age of 39. That its policies are based on RFOA is a common defense that may be used by an employer accused of discrimination.

To prove that guidelines incorporated in an employee handbook or recruitment posting are not RFOA, our lawyer considers whether the policies disproportionately impact older workers — an inequitable outcome referred to by the courts as “disparate impact.” For almost 30 years, Pfeffer & Associates has represented Florida workers in claims involving age discrimination, gender discrimination, unfair pay and other labor disputes and employment violations.

Learn more about the laws that forbid age discrimination in Florida

Pursue your fair treatment in the workplace based on your skills, not your age. Call Pfeffer & Associates at 561-745-8011 or contact us online to schedule a consultation. Our Jupiter office can handle your case on a contingency fee basis.

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