What is the Age Discrimination in Employment Act (ADEA)?
The Age Discrimination in Employment Act (ADEA) is a federal law that protects people 40 years of age or older from being discriminated against in the workplace. The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment. In Florida, employers are not allowed to treat people differently because of their age. Depending on the type of job, employers cannot use age as a factor in making decisions about hiring, firing, or promotion. Additionally, employers are prohibited from making job advertisements that indicate a preference or requirement based on age. In Florida, employers are also prohibited from forcing employees to retire at a certain age, unless age is a bona fide occupational qualification (BFOQ) reasonable necessary to the normal operation of the business or employer-sponsored retirement or pension plans. Additionally, employers who provide employees with benefits must ensure that the benefits are not discriminatorily denied to workers age 40 or older. In cases of age discrimination, an employee may file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the complaint and may order the employer to make changes or provide damages to the employee. It is important for employees to seek legal advice if they believe they are being discriminated against because of their age.
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