Age Discrimination

Age Discrimination Lawyer in Fort Lauderdale

25+ Years on Both Sides of Employment Litigation in South Florida

Age discrimination in the workplace is often disguised as a layoff, a restructuring, or a sudden performance issue. Identifying it requires more than recognizing the pattern. It requires knowing how employers build those defenses from the inside. Cadogan Law brings that perspective directly to age discrimination matters because founding attorney Gina Cadogan spent the early part of her career representing Fortune 500 companies, municipalities, and hospital systems in employment litigation before founding her own firm.

Cadogan Law represents executives, managers, sales professionals, and tech sector employees navigating these disputes across South Florida, including Broward County. The firm operates from its Plantation office and offers virtual consultations for clients throughout Florida.

Strict deadlines apply to age discrimination claims in Florida. Contact Cadogan Law at (954) 371-1607 to schedule a consultation before applicable deadlines pass.

Gina Cadogan’s Credentials in Employment Discrimination Litigation

Gina Cadogan has been selected to Super Lawyers each year from 2019 through 2025 and was named to The National Black Lawyers Top 100. She earned one of the Top Florida Verdicts of 2014 and holds a law degree from Emory University School of Law, having graduated magna cum laude from the University of Florida. She is admitted to the Florida Bar, the U.S. District Courts for the Southern and Middle Districts of Florida, and the Eleventh Circuit Court of Appeals.

An alumna of the Goldman Sachs 10,000 Small Businesses program and a former Lead Ambassador, Gina Cadogan leads a woman-owned boutique firm that prepares every case for trial. That trial readiness shapes how age discrimination claims are built, documented, and positioned long before any court date is set.

Why Dual-Sided Experience Matters in Age Discrimination Cases

An attorney who has defended employers in discrimination litigation understands which internal documents, performance records, and termination narratives those organizations rely on to justify adverse actions. Cadogan Law currently advises employer clients ranging from small family-owned businesses to large international corporations with more than 15,000 employees. That active knowledge informs how the firm investigates and builds claims on the employee side.

For executives and senior professionals, age discrimination claims frequently intersect with severance negotiations, non-compete provisions, and separation agreements. These situations call for litigation-experienced counsel who can evaluate the full picture rather than treating the agreement in isolation. Cadogan Law tailors its approach to the specific demands of each matter rather than applying a single litigation template.

Forms of Age Discrimination Under Florida & Federal Law

Age discrimination is illegal under both federal and Florida law when it affects employees or job applicants aged 40 or older. It doesn’t always look like an outright statement about age. Many of the most actionable cases involve a pattern of conduct that surfaces only through careful investigation.

Conduct that can support an age discrimination claim includes:

Disparate treatment: Being passed over for promotion, reassigned to less desirable duties, excluded from meetings or training, or disciplined more harshly than younger colleagues for the same conduct
Overt age-based remarks: Comments from supervisors about retirement plans, preferences for a younger image, or assumptions tied to age
Pretextual paper trails: Sudden negative performance reviews, reductions in job duties, or early retirement offers that follow an age milestone and appear designed to justify a termination already decided
Hiring patterns: Consistently replacing departing employees aged 40 or older with younger, less-experienced candidates can constitute circumstantial evidence of systemic discrimination
Hostile work environment: Harassment based on age, including derogatory comments or persistent pressure to retire, is illegal when it is severe or pervasive enough to alter the conditions of employment

Florida is an at-will employment state, meaning employers can generally terminate employees without stating a reason. That principle does not permit terminations motivated by an employee’s age.

The ADEA & the Florida Civil Rights Act

Two statutes govern age discrimination claims in Florida, and which one applies depends in part on employer size.

The Age Discrimination in Employment Act of 1967 (ADEA) is the primary federal law. It protects employees and job applicants aged 40 and older who work for employers with 20 or more employees, covering hiring, firing, pay, promotions, job assignments, layoffs, training, and all other terms of employment. The Older Workers Benefit Protection Act (OWBPA) supplements the ADEA by prohibiting employers from denying benefits to older employees based on age and setting requirements for valid waivers of ADEA claims in severance agreements.

The Florida Civil Rights Act (FCRA) provides parallel state-law protections and applies to employers with 15 or more employees, extending coverage to workers at smaller companies the ADEA doesn’t reach. The FCRA doesn’t expressly require a claimant to be 40 or older, which may provide broader protection in some circumstances. Both laws prohibit retaliation against employees who file a charge, cooperate in an investigation, or oppose discriminatory practices.

Filing an Age Discrimination Charge in Broward County

Before filing a lawsuit for age discrimination in Florida, a claimant must first file an administrative charge. Getting this step right matters because missing the applicable deadline can permanently bar a claim.

EEOC deadline: Charges filed with the Equal Employment Opportunity Commission (EEOC) must generally be filed within 300 days of the discriminatory act. Claims arising in Broward County fall within the EEOC’s Miami District Office jurisdiction.
FCHR deadline: Charges filed with the Florida Commission on Human Relations (FCHR) must be filed within 365 days.
Work-sharing agreement: The two agencies operate under a work-sharing arrangement, so a charge filed with one can be cross-filed with the other. Strategy and available remedies may differ depending on which agency leads.
Smaller employers: For employers with between 15 and 19 employees, the ADEA doesn’t apply, but the FCRA does. Those charges should be directed to the FCHR.
Right to sue: After a charge is filed, the EEOC may investigate, attempt conciliation, or issue a Notice of Right to Sue. Under the ADEA, a claimant may also proceed to court 60 days after filing a charge without waiting for that notice.

These are general procedural standards. The specific deadlines and filing strategy that apply to a particular situation depend on the facts of that matter, which is one reason early consultation with an employment attorney is critical.

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Remedies Available in Age Discrimination Claims

The remedies potentially available under the ADEA and the FCRA depend on the specific facts of each case, the employer’s size, and whether the violation was willful. General categories of relief that may be available include:

Back pay: Lost wages and benefits from the date of the discriminatory act
Front pay: Compensation for future lost earnings where reinstatement isn’t practical
Reinstatement: Restoration to the former position where appropriate
Liquidated damages: If an employer’s violation was willful, meaning the employer knew or showed reckless disregard for whether its conduct violated the ADEA, an additional award equal to the back pay amount may be available
Attorney’s fees and costs: Recoverable by a prevailing plaintiff under the ADEA
Compensatory damages: The FCRA permits recovery for emotional distress in claims against private employers, though punitive damages under Florida state law are capped at $100,000

Federal law permits punitive damages subject to limits tied to employer size, which is one reason Fort Lauderdale employment attorneys often evaluate whether to file under both federal and state law. Individual outcomes depend on the specific facts of each matter.

Talk to a Fort Lauderdale Age Discrimination Attorney Before Deadlines Pass

Executives, managers, and professionals in Broward County and across South Florida who believe they have experienced age discrimination have a limited window to act. Filing deadlines under Florida and federal law are strict, and the decisions made early in a case, including whether to sign a severance agreement, can affect every option that follows. Cadogan Law offers consultations by phone, in person at its Plantation office, or virtually for clients throughout Florida.

Contact Cadogan Law at (954) 371-1607 to schedule a consultation.

Severance Agreements & ADEA Waivers for Employees 40 & Older

Employees aged 40 or older who are offered severance in connection with a termination or reduction in force are frequently asked to sign a release of all claims, including any claim for age discrimination. Signing without a legal review can permanently extinguish rights that might otherwise support a claim.

Under the Older Workers Benefit Protection Act (OWBPA), a waiver of ADEA rights in a severance agreement is only enforceable if it meets specific requirements. As a general matter, a valid OWBPA waiver must:

Be written in plain language the employee can understand
Specifically reference rights under the ADEA by name
Not waive future claims arising after the agreement is signed
Provide consideration, meaning something of value beyond what the employee is already owed
Give the employee at least 21 days to consider the agreement, or 45 days when offered as part of a group layoff
Include a 7-day revocation period after signing

Non-compete provisions are often embedded in the same agreements, adding another layer of risk. These provisions require evaluation by counsel who understands both the employment discrimination and commercial litigation dimensions of what the employee is being asked to sign.

Cadogan Law handles severance agreement review and negotiation as part of its employment law practice, advising both employees evaluating offers and employers drafting separation agreements. That dual-sided role gives the firm direct knowledge of how these agreements are structured, where they may fall short of OWBPA requirements, and what leverage a particular set of facts may provide before a signature closes the door.

Legal Firepower With A Personal Touch

Five-Star Reviews From Happy Clients

A Truly Exceptional Attorney and Law Firm.
“I cannot say enough good things about Gina and her firm.”

- Samara R.
An Iron Hand in A Velvet Glove
“Gina Gadogan is an iron hand in a velvet glove. We were grateful that Gina went beyond our expectations to help us. An attorney not only with a strong hand but with a caring heart. Gina gets the job done!”

- Former Client
Communication is Top-Notch
“Gina helped reassure me through everything and gave me sound advice. I felt confident in leaving everything to her and trusting in her expertise. She didn’t sugarcoat anything, which means you get realistic expectations.”

- Nicole A.
Worth Her Weight in Gold
“If there is such a thing as a lawyer who does not have the $ sign stamped on her forehead…Cadogan was it! If you are looking for a “humanitarian” lawyer who is reasonably priced and worth her weight in gold, Cadogan is it!”

- George H.
Compassionate & Insightful
“During every step of the process, Gina remained accessible, she kept me informed and continued to recognize that I was wronged, and discriminated against as a result of my disability. My word for Gina is GENUINE.”

- Dr. Ampp
She Was Five Steps Ahead
“She kept me informed throughout the process. As the other side did not want to settle, we ended up in court. She was a real pitbull in the courtroom, almost to the point I had pity for the other side. She was five steps ahead of the other side.”

- Serge T.
Totally Responsive to Our Needs
“Our company has used the services of Cadogan Law for the past 3 years. Gina has been totally responsive to our needs. The team has been both a timely and a cost-effective solution for small businesses.”

- Kathy G.
Timely, Thorough, and Compassionate
“Timely, thorough, and compassionate help from Gina regarding a separation / commission dispute. She made a real difference!”

- John W.
Her Advice Was Spot-On
“Gina turned out to be a wonderful choice; her communications with me were excellent and her advice was spot-on, and she was very willing to listen to my input at each step of the process.”

- Charlene R.

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