Age Discrimination

New York Age Discrimination Attorneys

Age discrimination takes place when an employer makes a negative employment decision  based on a person’s age. Protections against age discrimination exist to prohibit any belief that someone is too old to perform a job effectively.  Age discrimination can also be in the form of a hostile work environment, such as comments or jokes that stereotype older employees.

Employers are not allowed to hire, fire, promote, or decide an employee’s compensation on the basis of their age.  The Age Discrimination Lawyers at White, Hilferty & Albanese are trusted New York Employment attorneys who represent individuals who have suffered age discrimination at the workplace.  Contact Us now to schedule a free consultation with an Age Discrimination Lawyer.

Age Discrimination in Employment Act

Under the federal Age Discrimination in Employment Act (ADEA), employers are prohibited from making any employment decisions on the basis of age and protects employees over the age of 40 years old.  If you are over the age of 40 and have been harmed by a decision at the workplace affecting your employment, you may  be the victim of “ageism.”  Ageism is stereotyping or discriminated against employees or groups of individuals on the basis of their age.

According to the U.S. Equal Employment Opportunity Commission (EEOC), laws such as the ADEA exist to protect those over the age of 40 from age discrimination. It is illegal for employers to favor young workers over their older, similarly qualified colleagues. The law offers older employees a comprehensive list of protections against discriminatory actions, including:

  • Unequal pay or fringe benefits
  • Being denied job assignments that one is otherwise qualified to handle
  • Being denied promotions or bonuses younger workers receive
  • Being denied health insurance coverage due to age
  • Harassment and a hostile work environment based on age

Age Discrimination Video FAQ:  Age Discrimination Defined

Age Discrimination Protections inside and outside of NYC

The New York State Human Rights Law provides additional protections against age discrimination.  Under the NY State Law, employees under the age of 40 are also protected.  You may be entitled to damages, including for emotional distress, if you have been mistreated at work in New York because you were thought to be too young .

The New York City Human Rights Law is even more protective of age discrimination, and covers all ages.  If you are being targeted on the basis of your age whether you are above or below 40, that is potentially a claim in New York City.

Age Discrimination at the Workplace in New York City

Examples of Age Discrimination

It is illegal to base an employment decision on years of experience or a person’s age. Age discrimination can be difficult to recognize; as a result, employees may wonder whether questionable work-related decisions are made based on age or on other factors. To help make accurate determinations, the following are examples of situations in which age discrimination may be playing a role:

  • Laying off older employees with higher salaries
  • Company refusing to hire employees over certain age
  • Not providing training to older employees
  • Passing over an older employee for promotion in favor of younger employee
  • Forced retirement
  • Comments such as “Not a good fit for company culture”
  • Overhearing management talking about wanting a more youthful workforce or image for their company
  • When a company has downsizing or layoffs, but the majority of workers who remain are under 40
  • Being passed over for a promotion you were in line for, and it goes to a younger employee
  • Getting laid off or terminated despite glowing reviews, and your position is given to a younger, less qualified worker
  • Having tasks or assignments you are qualified to handle given to younger employees
  • Being excluded from training programs, seminars, or conventions due to your age

Contact a New York Age Discrimination Attorney

Age discrimination in the workplace is illegal in New York.  Our Age Discrimination Attorneys at White, Hilferty & Albanese are happy to speak with you.  You need to talk with an experienced employment attorney for employees who have been discriminated on the basis of age.  Contact us to schedule your consultation or Call 24/7 646-698-8990