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Florida Constitution Revision Commission

PUB 700630: No Age Discrimination or Discrimination Due to Aging by Todd Misamore

ARTICLE I: DECLARATION OF RIGHTS, New Section.

Catchline: Age Related Protections

No company doing business in The State of Florida shall discriminate against people of any legal working age in employment or hiring. Particular attention to age discrimination shall be made to persons over 49 years of age, and any business found to have discriminated against such a person on the basis of their age may be fined, or have any licenses granted to them by The State of Florida to do business revoked or suspended, and owners or officers of a company may be jailed in severe cases. The Attorney General of The State of Florida shall investigate and prosecute allegations of age discrimination made against residents of Florida and shall pursue even minor infractions, with special attention to repeat discrimination by the same business or person(s).

Exceptions by employers to this law may be made for persons over the age of 69 if the employment they have or are seeking would have a serious safety risk due to age related declining motor skills, or due to medical conditions that would prevent them from doing their job, but in that case every attempt should be made by the employer to re-assign that person to a position in which their age related decline wouldn't be a factor. Failure to try to re-assign a person would be considered age discrimination, and would be subject to appropriate penalties. The state should judge each case of persons with purported medical decline, who have allegedly been discriminated against, on an individual basis, establishing if in fact that person is unable to fulfill the responsibilities of any job that employer has available, or if they may have indeed been discriminated against. The Attorney General of Florida should consider discrimination against a person over 49 years of age, in employment or hiring, strictly due to their age, to be a zero tolerance subject due to it's prevalence in Florida's service industry driven economy.