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Labor & Employment Blog Post

Age Discrimination: The Warning Signs

The number of age discrimination lawsuits is on the rise, both in Florida and nationally, and it shows no signs of slowing down anytime soon. The Age Discrimination in Employment Act applies to employers with at least 20 employees, and it forbids employers from discriminating against employees age 40 and above on account of age.

Here are some warning signs that your employer may be engaging in age discrimination:

Disparate Discipline

If you’ve noticed that you’re being disciplined for something that younger workers do without punishment, document when and where this disparate treatment occurs. Your employer might be trying to build a case against you solely because of your age.

Hiring Patterns

If your company begins to hire only younger employers or you apply for a job and see it given to a less-qualified younger employee, the company might be showing a systemic pattern of age discrimination.


Favoritism can manifest itself in a variety of manners. If you’re passed up for a promotion in favor of a younger, less-qualified employee, it might be due to your age. Similarly, if younger employees are given better offices, equipment, tasks, and assignments, your company might be discriminating against you on account of your age. Somewhat more obviously, if you or other older employees are routinely excluded from key meetings or left out of the loop, age discrimination might be occurring.

Biased Comments

Biased comments are the most direct evidence of age discrimination. Because they are so obvious, biased comments can be rare but are invaluable in proving discrimination. Examples of these comments include a superior calling you “granny” or “old man,” incessantly asking when you plan to retire, and making direct references to your age. When these comments occur, write down the time, date, place, and any witnesses.

If you suspect you might be a victim of age discrimination in your workplace, contact a qualified Central Florida labor and employment lawyer who can help you interpret the warning signs, collect your evidence, and confront your employer – in order to get you the compensation you deserve.

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Mark W. Fox, P.A.
1320 S.E. 25th Loop, Suite 103
Ocala, Florida, 34471 USA