Age Discrimination

New York Age Discrimination Attorneys

Dealing with Age Discrimination? We Can Help.

In a recent survey by AARP, two out of three workers aged 45 and older said that they had experienced age discrimination themselves or seen it occur to someone else at work.  This same study also found that 72% of women said that believed people face age discrimination at work, while only 57% of men believed the same.

Age discrimination is a pervasive issue that hinders a person’s ability to acquire employment, make a living, provide for family, and work in a positive work environment.  If you are over 40, you deserve equal treatment and job opportunities as younger employees or applicants. 

Read further to learn more about age discrimination in the workplace, including signs that you may be experiencing age discrimination.

What is Age Discrimination?

Age discrimination takes place when an employer makes a negative employment decision based on a person’s age.  Age discrimination can also be in the form of a hostile work environment, such as comments or jokes that stereotype older employees.

Laws exist that prohibit employers from letting a person’s age become a factor when deciding who receives a new job, promotion, or job benefits.  It is also considered age discrimination to terminate an employee solely because of his or her age. Learn More about “Age Discrimination Defined” in the video below.

Age Discrimination Video FAQ:  Age Discrimination Defined

Signs of Age Discrimination 

Age-based harassment is illegal when it creates a hostile work environment or leads to the person being fired or demoted due to their age.  Age discrimination is unlawful during every state of the employment process, including but not limited to job postings, interviews, hiring, salaries, promotions, benefits, and termination.

Here are a few signs that your employer may be discriminating against you because of your age:

  • Age-related comments, insults, or jokes
  • Age distinctions made in job postings
  • Getting turned down for a promotion
  • Only younger employees are being hired at the company
  • Being passed up for challenging work assignments
  • Being encouraged or forced to retire involuntarily
  • Getting laid off ahead of your younger colleagues
  • Being isolated or left out of work events

Recognizing the signs of age discrimination is the first step to learn how to protect your rights and that it may be time to speak with an experienced NYC age discrimination attorney at White, Hilferty & Albanese. Contact Us now to schedule a free consultation with an Age Discrimination Lawyer to get the help you need.

Examples of Age Discrimination at Work

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:

  • A boss laying off older employees with higher salaries.
  • Your company refuses to hire employees over a certain age, even though they claim to be a place of equal employment opportunities.
  • Management stops providing training to older employees because they prefer to funnel resources to younger, lower-salaried employees. 
  • You apply for a job and the hiring manager makes a comment, such as that you are “not a good fit for company culture”.
  • You are on break and overhear management talking about wanting a more youthful workforce or image for their company.
  • The company is facing budget cuts so they have to layoff a bunch of employees, but the majority of workers who remain are under 40.  
  • You get laid off despite glowing reviews and your position is given to a younger, less qualified worker. 

Age discrimination can take many forms, and these are just a few of the countless examples of age discrimination.  If you feel that you are being discriminated at work due to age, the best thing you can do is speak with an experienced age discrimination lawyer to discuss whether you have a case.

New York and Federal Age Discrimination Laws

According to New York state law, employers are not allowed to hire, fire, promote, or decide an employee’s compensation on the basis of their age.  Additional protections against age discrimination exist to prohibit any belief that someone is too old to perform a job effectively.

Age Discrimination at the Workplace in New York City

The New York State Human Rights Law provides additional protections against age discrimination. There is also the New York City law that protects employees under the age of 40 against age discrimination.  If you have been mistreated at work due to your age in New York City because you were thought to be too young, you may be entitled to damages, including for emotional distress. If you are being targeted on the basis of your age whether you are above or below 40, you may have a claim for age discrimination in New York City.

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. This act protects employees over the age of 40 years old.

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 younger workers over their older, similarly qualified co-workers. The ADEA 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 hostile work environment based on age

Facing Age Discrimination at Work?

If you are over or under  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 discriminating against an individual or group of employees on the basis of their age. Ageism and age discrimination can significantly affect your ability to make a living and provide for your family.

Age discrimination is prohibited in employment, and you deserve access to equal employment opportunities. If you believe you have been the subject of age discrimination, the best thing you can do is speak to a trusted age discrimination attorney at White, Hilferty & Albanese.

Age Discrimination Attorneys in NYC

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.

Schedule Your Free Legal Consultation

If you are currently or have experienced age discrimination at work, don’t hesitate to Contact us now to schedule your consultation or Call 24/7 646-698-8990

Frequently Asked Questions – Age Discrimination

The signs of age discrimination aren’t always obvious and it can be hard to determine whether you have a legitimate case against your employer. That’s why it’s important that you are armed with the facts! Read our FAQ section below to learn more, or contact an NYC age discrimination attorney directly.

What are the Signs of Age Discrimination?

Age discrimination can take on many forms. The most common signs include being denied employment, being denied equal job benefits or opportunities, facing age-related harassment or remarks, or being unlawfully fired due to your age. Any instance where a job decision seems to be made on the basis of your age could be an indication of age discrimination.

How common is Age Discrimination at the Workplace?

About two-thirds of all employees over the age of 45 say they have seen or experienced age discrimination, indicating that age discrimination is incredibly common. Age discrimination is not always overt, though. Be on the lookout for any statements or behaviors that indicate that your employer is discriminating against you because of your age.

Who does the Age Discrimination in Employment Act (ADEA) Protect?

The Age Discrimination in Employment Act (ADEA) protects employees over the age of 40 years old. This act prohibits companies from making any employment decisions on the basis of age.

The best way to support your case and prove that you experienced age discrimination is to keep a record of all instances of age discrimination you have experienced at work. Take note of when the behavior occurred, what happened, whether you confronted your employer, etc. This record may be used as evidence in your case.