Age Discrimination

As the American work force grows older, more individuals are subjected to age discrimination. Older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment after losing their jobs. These disadvantages have real-life consequences: older individuals have a higher incidence of unemployment, especially long-term unemployment, with the associated loss of income, skill, and morale.

Age discrimination and harassment are illegal under federal, state, and city law to protect the rights of people regardless of their age.

Unlawful discrimination based on age can take many forms including employers advertising to, interviewing, and hiring only young candidates, favoring young employees in regard to compensation, promotion opportunities, job evaluations, training, and job assignments, as well as employers disciplining, demoting, and terminating older employees.

The Age Discrimination in Employment Act of 1967 (ADEA)

Federal law protects workers and job applicants over forty years old from employment discrimination based on their age unless age is a genuine qualification for the particular position. The Age Discrimination in Employment Act of 1967 (ADEA) makes it illegal to discriminate against employees over the age of forty in all employment matters, from applying to a job, receiving promotions or raises, settling on the lengths of contracts, and more.

The ADEA also makes it illegal for an employer to retaliate against an individual pursuing claims of age discrimination against an employer. It is legal for a company to discriminate against a worker under 40 in favor of a worker over 40.

The ADEA applies to employers with twenty or more employees, as well as municipal, state, and federal organizations.

New York State and New York City Human Rights Laws

The New York State and New York City Human Rights Laws offer broader protections than the ADEA to employees who are being discriminated against because of their age. These laws apply to companies or businesses employing more than four people and prohibits the employer from discriminating on the basis of age in hiring, firing, promotion, benefit, layoff, compensation, training and job assignment decisions, unless age is a genuine qualification for the particular position.

The Harman Firm, PC, offers aggressive and resourceful representation in negotiating, preparing and litigating employment contracts and severance agreements, in a wide spectrum of matters in the New York metropolitan area’s public relations, technology, marketing and banking industries. If you believe you are a victim of age discrimination and are considering a lawsuit, contact The Harman Firm, LLP. An experienced team of employment lawyers and New York City litigators, The Harman Firm, LLP offers supportive counsel to the victims of age discrimination.

New York Employment Attorneys Blog - Age Discrimination