Were you treated unfairly at work because of your age?

Age is rarely a valid reason to be penalized at work. Florida law bans age discrimination against workers of any age at employers with 15 or more employees. Federal law adds protection for workers 40 and older at employers with 20 or more employees. Both laws cover hiring, firing, pay, promotions, training, and benefits, and both make it illegal for your employer to punish you for speaking up.

If your employer treated you differently because of your age, you may be able to recover back pay, damages, and attorney’s fees. You have 300 days to file a federal charge and 365 days to file a Florida complaint, and those clocks start when you’re told about the decision. An experienced age discrimination lawyer in Florida can protect both deadlines and build your claim from day one.

Key takeaways

  • The Florida Civil Rights Act protects workers of any age. The federal ADEA protects workers 40 and older.

  • You have 365 days to file with the Florida Commission on Human Relations (FCHR) and 300 days to file with the EEOC.

  • Florida law allows emotional distress damages and up to $100,000 in punitive damages. Federal law can double your back pay if the violation was willful.

  • A severance release of your federal age claims is valid only if you get at least 21 days to review it (45 in a group layoff) and 7 days to cancel.

  • Under federal law, you must prove age was the deciding reason for your employer’s decision, so written records of comments and dates are key evidence.

About the Florida age discrimination lawyers at Brenton Legal

Brenton Legal has fought for Florida employees since 2015 from our office in Jupiter. We represent everyone from minimum-wage workers to C-suite executives, with an average rating of 4.9 across 70 Google reviews.

Our attorneys bring over 40 years of combined legal experience to age discrimination claims against private companies and public employers. Two of our partners served as General Counsel before they joined the firm. They spent years advising large employers on the same layoffs, reorganizations, and early retirement plans that now push older workers out. That inside view helps us find the paper trail employers leave behind and turn it into compensation for you.

Our attorneys’ credentials include:

  • Federal court experience. Ryan Brenton has appeared before the U.S. Courts of Appeals for the Tenth and Eleventh Circuits and federal district courts in Florida and Colorado.

  • Trial results. Early in her career, Alison Churly secured a seven-figure award in a gender discrimination, sexual harassment, and retaliation case.

  • Florida Bar leadership. Alison is a Fellow of the Florida Bar’s William Reece Smith, Jr. Leadership Academy and serves on the Florida Bar’s Leadership Academy Committee.

  • Pro bono recognition. Alison received the Florida Supreme Court’s Exceptional Pro Bono Service Recognition in 2018.

We are candid from the first call. You will know the strengths and weaknesses of your case early. We are also selective about the cases we take, which means every client gets our full focus.

Get A Consultation: Call 1-954-639-4644 or Book Online

What does Florida law say about age discrimination?

Two laws protect Florida workers from age discrimination.

Most Florida claims rely on both laws, and the differences between them affect how much you can recover.

QUESTION FLORIDA CIVIL RIGHTS ACT (FCRA) FEDERAL ADEA
Who is protected? Workers of any age. Workers 40 and older.
Which employers? 15 or more employees. 20 or more employees.
Deadline to file a charge 365 days, with the FCHR or EEOC. 300 days, with the EEOC.
When can you sue? Within 1 year of an FCHR cause finding or EEOC Notice of Right to Sue (whichever comes first), or within 18 months of filing if neither arrives within 180 days. 60 days after filing a charge, and within 90 days of an EEOC dismissal notice.
Emotional distress damages? Yes. No.
Punitive damages? Yes, up to $100,000. No.
Extra damages for willful violations? No. Yes, double back pay.

A charge filed with the EEOC also counts as filed with the FCHR, so one filing can protect both claims. If you work for a Florida state agency or public university, the U.S. Supreme Court ruled in Kimel v. Florida Board of Regents that you cannot sue the state for money under the ADEA.

Your damages claim runs through the FCRA instead, where state employers do not pay punitive damages and total recovery is capped.

The Older Workers Benefit Protection Act (OWBPA) amended the ADEA to prevent employers from reducing benefits based on age. It also sets strict rules for severance agreements that ask you to give up an age claim (see below).

The ADEA and the FCRA make it unlawful for an employer to discriminate based on age by:

  • Making statements or specifications of age preference in recruitment materials like job advertisements.

  • Refusing to hire, promote, or give similar job assignments or titles that are given to younger employees.

  • Providing lower compensation (wages, salaries, benefits) for older employees than younger ones.

  • Denying training or benefits to older employees that are offered to younger employees.

  • Forcing employees to retire at a certain age (except for a few narrow exceptions).

It is also illegal for an employer to retaliate against you if you file charges of age discrimination or help the government investigate charges against the employer.

Were you offered severance in exchange for giving up your rights?

For some older workers, the first sign of a push-out is a severance agreement on their desk. Under the OWBPA, a release of your federal age claims is valid only if it meets strict conditions.

Your employer’s severance agreement must:

  • Use plain language and name the ADEA.

  • Give you something extra beyond the pay you already earned.

  • Advise you in writing to talk to a lawyer.

  • Give you at least 21 days to decide, or 45 days in a group layoff.

  • Let you cancel within 7 days after you sign.

In a group layoff, your employer must also list the job titles and ages of the people who were chosen and those who were not. That list often reveals a pattern.

Ryan Brenton has negotiated severance for employees at every level, up to C-suite executives, and knows when a first offer is too low.

Have a severance agreement on the table? Book a free consultation before you sign.

What should you do right now if you’ve been discriminated against?

If you think age played a part in a decision about your job:

  • 1

    Write it down today. Note each age-related comment or decision, with the date, who said it, and who heard it. Keep the notes on a personal device, not a work laptop.

  • 2

    Do not sign a severance release yet. Federal law gives you at least 21 days to review it and 7 days to cancel after signing. Use that time to get legal advice.

  • 3

    Mark your deadline. Your 300-day federal and 365-day Florida clocks start when you’re told about the firing, demotion, or denied promotion, not on your last day or last paycheck.

  • 4

    Seek legal advice. A short call now can protect claims that would otherwise expire.

A free consultation is the first step to understanding how you can fight back. Our attorneys will assess your case and, if we take it on, handle every step of building and pressing your claim.

Get A Consultation: Call 1-954-639-4644 or Book Online

How do our Florida age discrimination lawyers help you get compensated?

Employers defend age claims with polished excuses like ‘restructuring’ or ‘performance.’ Our attorneys have worked inside large organizations, so we know where the real reasons get written down.

ATTORNEY EXPERIENCE BEFORE BRENTON LEGAL HOW IT HELPS YOUR AGE CLAIM
Ryan Brenton, Founding Partner General Counsel for a large service-industry corporation. Has appeared before the U.S. Courts of Appeals for the Tenth and Eleventh Circuits and handled matters before the EEOC and U.S. Department of Labor. Knows how companies build layoff lists and defend them, so he can anticipate defense tactics early.
Alison Churly, Managing Partner Over six years as General Counsel for the Broward County Clerk of Courts, an office with 500+ employees. Vice Chair (2026 to 2027) of the Florida Supreme Court Rules of General Practice and Judicial Administration Committee. Understands how Florida courts and large public employers work from the inside.
Travis Beal, Partner Litigated for insurance carriers, financial institutions, and businesses. Reads the motives behind an employer’s decisions and builds persuasive written arguments for mediation or trial.

Every case benefits from our team’s experience. We can help you understand your rights under Florida and federal law, find out whether you have a strong claim and what it could be worth, and then pursue back pay, damages, and other compensation from your employer.

Here is how we move your age discrimination claim forward:

  • 1

    Free consultation. Tell us what happened. We give you a candid view of your case’s strengths and weaknesses.

  • 2

    Evidence review. We gather your reviews, emails, and layoff data, and compare how your employer treated younger coworkers.

  • 3

    Agency charge. We file your charge with the EEOC, the Florida Commission on Human Relations (FCHR), or both, before your deadline passes.

  • 4

    Settlement or lawsuit. We push for a fair settlement and take your case to state or federal court if your employer refuses to pay.

Employers settle on better terms when they know your lawyers are ready to go to court.

Is discrimination the same as harassment?

Discrimination and workplace harassment are often connected. While they are different, neither is acceptable, and both are unlawful:

  • Discrimination is being treated differently from others based on age or other prohibited categories.

  • Harassment in the workplace is unwelcome conduct based on age, such as repeated jokes, insults, or “OK boomer” comments, that is severe or frequent enough to make your workplace hostile.

Harassment because of age, such as offensive or derogatory remarks, should not be tolerated any more than discrimination should be. This is especially true when it is frequent or severe, or when it results in an adverse employment decision (such as being fired or demoted).

Your employer can be liable for harassment by a supervisor. It can also be liable for harassment by coworkers, clients, independent contractors, or patrons if it knew of the harassment and failed to act swiftly and appropriately.

Have you lost out in your career because of age discrimination?

You are not alone. Florida workers filed 1,103 age discrimination charges with the EEOC in fiscal year 2024. That’s about 6.8% of all age charges nationwide, according to EEOC charge data for Florida. That count does not include complaints filed only with the FCHR.

Age discrimination can be obvious or more subtle:

WHERE IT HAPPENS RED FLAGS
Hiring Job ads seeking “digital natives” or “recent graduates,” or rejecting you as “overqualified.”
Layoffs and firing Layoff lists made up mostly of older workers or much younger replacements.
Pay and promotions Smaller raises than younger peers, or repeated promotion denials.
Training and assignments Being left out of training, new technology, or key client accounts.
Retirement pressure Repeated questions about when you plan to retire, or pushy early retirement offers.
Transfers Being moved to a less desirable office or shift after a milestone birthday.
Retaliation Demotion or firing after you report age discrimination.

Federal law bans age preferences in job ads, so coded phrases in a posting can be early evidence.

Whatever the reason, age discrimination can negatively impact your:

  • Career.

  • Income or finances.

  • Well-being.

  • Mental health.

Age discrimination should not be something you accept as “part of the job.”

You are entitled to stand up for your rights and cannot lose your job for it, as Florida’s employment discrimination laws protect you.

What evidence proves your employer acted because of your age?

Under the ADEA, you must show that age was the deciding reason for your employer’s decision, not just one factor among many. The U.S. Supreme Court set this ‘but-for’ standard in Gross v. FBL Financial Services. Employers rarely admit age bias, so we build proof from patterns.

Strong evidence in age cases includes:

  • Comments from decision-makers about your age, energy, or retirement.

  • A younger replacement, or your duties split among younger coworkers.

  • Layoff data showing older workers were cut at higher rates.

  • Reasons that change over time, or sudden poor reviews after years of strong ones.

Because our partners once advised employers, we know where these records are kept and how to request them.

What compensation can you recover for age discrimination in Florida?

If your employer discriminated against you because of your age, you may recover:

  • Back pay for lost wages and benefits, going back up to 2 years before your FCHR complaint under Florida law.

  • Reinstatement to your job, or front pay if returning is not workable.

  • Compensation for emotional distress under the FCRA.

  • Punitive damages of up to $100,000 under the FCRA.

  • Double back pay (liquidated damages) if an ADEA violation was willful.

  • Attorney’s fees and court costs.

The right mix depends on which law applies, so we evaluate your claim under both from day one.

Testimonials

Here’s what past clients have been saying about us.

“Talented and brilliant”

“Ryan is a talented and brilliant attorney. I sent my mom to him for an employment case. She is older and a very nervous person, but he was always responsive and made her feel at ease. Would recommend him to everyone!”

N.K.

“Delivered the settlement I needed”

“Handled my case and delivered the settlement I needed in a few months from engagement. I would definitely recommend working with them.”

A.A.

“Responsive and helpful”

“I highly recommend Brenton Legal, the team was responsive and helpful!”

B.C.

Read more reviews. Past results do not guarantee future outcomes.

Related employment cases

Age discrimination claims often overlap with other workplace violations.

Our attorneys also represent Florida employees in these cases:

  • Workplace discrimination: We handle claims of unfair treatment based on any protected characteristic under Florida and federal law.

  • Workplace harassment: We can take action when insults, threats, or unwanted conduct make your workplace hostile.

  • Employer retaliation: We protect employees who were punished for reporting discrimination, filing a complaint, or helping an investigation.

  • Wrongful termination: Florida is an at-will state, but we pursue claims when a firing breaks discrimination, retaliation, or whistleblower laws.

If your age claim involves more than one of these issues, we can handle all of them together in a single case.

Florida Age Discrimination FAQs

It depends on how much you lost in pay, how long you were out of work, and which law applies. Florida law allows emotional distress damages and up to $100,000 in punitive damages. Federal law can double your back pay for willful violations. We estimate the value of your claim during your free consultation.

Yes, in many cases. The federal ADEA protects only workers 40 and older, but the Florida Civil Rights Act protects workers of any age. Your employer must have at least 15 employees. Florida law can also cover workers treated unfairly for being “too young.”

Not under federal law. You must file a charge with the EEOC first, but you can file an ADEA lawsuit 60 days later without waiting for a Notice of Right to Sue. Florida law has its own timeline, so we track both deadlines for you.

Yes. Employers can reward length of service and can favor an older worker over a younger one, even if both are over 40. However, a seniority system cannot force anyone to retire. If your employer’s seniority rules seem to target older workers, our attorneys can review them.

Ready to hold your employer accountable?

Book a free consultation, and a Brenton Legal attorney will review what happened, check your deadlines under Florida and federal law, and give you a straight answer about what your claim could be worth. You do not need to have all the evidence before you call. We will help you gather it.

Get A Consultation: Call 1-954-639-4644 or Book Online

Legal references

In the interest of accuracy, this page is informed by the following primary legal resources:

Ryan-Brenton

Last Modified: October 18, 2026

Ryan Brenton

Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes.

His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike.

A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan’s legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.

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