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Does age discrimination apply in Florida when searching for a job?

Age discrimination has always been a problem when it comes to getting or having a job, but it will be an even more problematic issue as tech companies and the tech industry -- which thrives on younger, highly-skilled individuals -- becomes more ingrained in the national consciousness. But is that last statement just an opinion, or is there truth to the idea?

According to a study performed by the Federal Reserve Bank of San Francisco, there is truth to it. They created tens of thousands of fake resumes to companies, with different age ranges (29-31, 49-51, and 64-66). The study found that the older "applicants" were far less likely to be contacted by the companies where they sent their resumes. It was particularly difficult for older women to get communication back from a company.

So doesn't this run afoul of the Age Discrimination in Employment Act? In spirit, it most certainly does. But here in the state of Florida, the 11th Circuit has ruled that the Act only applies if you already have a job. Therefore, if you are trying to get hired, the Age Discrimination Act doesn't apply. This can cause some serious problems for older people who are qualified for jobs that they need.

Of course, the Age Discrimination in Employment Act still applies to those that have a job currently. When your employer violates your rights and discriminates against you simply because of your age, then they have run afoul of the law. Hold them accountable and consult with an attorney.

Source: Next Avenue, "Can a Job Rejection Be Age Discrimination?," Donna Ballman, May 10, 2017

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