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The U.S. Equal Employment Opportunity Commission (“EEOC”) announced that Enterprise Leasing Company of Florida, LLC, which operates the National, Enterprise and Alamo car-rental brands in Florida, agreed to pay $1.8 million to settle allegations it intentionally excluded applicants aged 40 and older from its management-trainee program. 

This case is an important reminder that age is a protected characteristic under both the Age Discrimination in Employment Act of 1967 and the Florida Civil Rights Act. Job-seekers over 40 should stay vigilant and seek advice when they believe they were passed over because of age rather than qualifications.

The EEOC’s investigation revealed several concerning patterns:

  • Approximately 15% of applicants for the management trainee position were age 40 or older, but they represented less than 3% of those hired.
  • Applicants reported being asked their age or graduation year during interviews, told that most candidates were “fresh out of college,” and were discouraged from pursuing the position, among other age-related issues that suggested an intentional bias against older applicants.

Why This Case Matters for Florida Job-Seekers

Under both federal and Florida law, applicants age 40 and older cannot be denied employment because of their age. If you are asked your age, graduation year, or other questions that could reveal your age during the hiring process, take note because those questions may be unlawful.

Also, keep detailed records, including job postings, applications, and interview notes. Documentation is critical if you later suspect that age played a role in a rejection or hiring decision.

Most importantly, consult an experienced employment attorney if you believe you were denied employment or promotion based on age.

If you believe you were denied hire or promotion because of age, you can schedule a consultation with Amanda here.

About the Author
Amanda represents employees whose workplace rights have been violated, advocating for them in both federal and state courts, arbitration, civil service hearings and mediation. She also represents workers before administrative agencies, such as the National Labor Relations Board, the Occupational Safety and Health Administration, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Additionally, Amanda assists workers in obtaining reemployment assistance (unemployment benefits) and otherwise helps clients understand their legal rights and obligations before a dispute arises.