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Age discrimination in employment is a violation of both federal and state law. The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination by employers, employment agencies and labor organizations against any individual "because of such individual's age" in the terms, conditions or privileges of employment.
The ADEA applies to all workers age 40 or over, with no maximum age limitation. No legal protection is provided by the ADEA for those under age 40.
Section 760.10 of the Florida Statutes provides that it is unlawful for an employer to discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual's age.
In order to show cause for filing a legitimate age discrimination claim under the employee must demonstrate that:
In order to prevail in an age discrimination trial, it is not necessary for the employee to prove that age was the sole or exclusive reason for the employer's decision; it is only necessary for the employee to prove that age made the difference, or was a determining factor.