Age Discrimination Attorney NYC
Employers in New York cannot discriminate against employees or potential employees based on their age, just like how employers cannot discriminate based on race, religion, gender, national origin, disability, and so on. In fact, according to both federal and state laws, it is illegal to discriminate based on age. Whether due to subtle discriminatory practices or the fact that ageism is hard to prove, this unfortunate form of discrimination still occurs. By holding the responsible individuals accountable, however, you can seek justice and deter age discrimination from happening in the future.
If you have been discriminated against because of your age, you do have a few legal options and advocates on your side. In fact, the NYC age discrimination attorneys at Hoffmaier & Hoffmaier have the resources and legal know-how to give your case the representation and vigorous legal expertise you need. For a free, no-obligation consultation with the employment law attorneys at Hoffmaier & Hoffmaier, call our NYC law firm today at (212) 777-9400.
The Age Discrimination in Employment Act
Older employees should be valued by their experience and judgment, and not their age. When an employer makes an adverse employment decision based on an employee’s age, such as the decision to hire, fire, promote or demote — or harasses an employee — this is age discrimination.
Age discrimination is illegal based on the federal Age Discrimination in Employment Act (ADEA) and New York State and New York City Human Rights Laws. The federal ADEA only applies to employees over 40 years old, while New York State and City Human Rights Laws do not have this restriction; unfortunately, there are many jobs in the city where employees not yet 40 are considered “old.”
Additionally, the Older Workers Benefit Protection Act (OWBPA) offers even more rigorous protections for older workers. For instance, employers may not exclude older employees from benefits offered to younger workers.
Examples of Age Discrimination
Age discrimination is unfortunately quite subtle and hard to prove. For this reason, if you know you’ve been discriminated against because of your age, it is helpful to speak with a competent discrimination attorney. Some signs of age discrimination can include:
- Pressuring an older employee to retire
- Forcing an older employee to retire
- Cutting older employees with higher salaries before the younger employees
- Promoting a younger person over an older person based on the older person’s age
- Making not-so-subtle comments such as, “We want youthful energy” here, or “We want fresh faces.”
- Refusing to hire a qualified employee based on his/her age
- Socializing more frequently with the younger workers, giving them better job opportunities
- Displaying a preference against older employees
- Not allowing older employees to learn new skills or attend training
Age Discrimination and Harassment
Similar to discrimination, harassment and a hostile work environment are also unlawful in New York workplaces, and employees or management, including supervisors, who create or neglect harassment may be liable.
Harassment is much more than simple teasing or isolated remarks that aren’t very serious. Instead, harassment about a person’s age is unlawful when it is so serious and frequent that it creates a hostile work environment or it leads to an adverse employment decision, such as termination or demotion.
Some warning signs of age harassment may include:
- The worker is referred to as “grandma” or “grandpa,” or similar terms
- The worker is told that he/she cannot do a task because “he/she should be more careful at his/her age”
- The older worker is continually harassed about absences due to medical reasons than younger workers
- Relationships between older workers and management and others becomes strained or antagonistic
- Boss suddenly starts questioning the older worker about his/her retirement plans
- Older workers are not included in activities or meetings
Keep in mind that these are warning signs, and might not signify full-blown harassment in the workplace. Furthermore, it’s especially important to be aware of retaliation in these cases, as some workers may act adversely when reported for calling an older worker “old man,” for example.
What Will It Take to Win an Age Discrimination Case
Over the years, age discrimination lawsuits in New York courts have been on the rise. Nevertheless, it’s important to know that, even if you believe you have an airtight case, the odds against winning can be low. Don’t let this discourage you, however, as you may very well likely have a case (to know if you have a case, call the NYC discrimination attorneys at Hoffmaier & Hoffmaier for a free consultation).
If you and your attorney are filing an age discrimination, the actual steps will highly depend on the unique circumstances of your case. In many cases, your claim will be filed with:
- The New York State Division of Human Rights
- One Fordham Plaza 4th Floor
- Bronx, New York 10458
- Phone: (718) 741-8400
- Website: www.dhr.ny.gov
- US Equal Opportunity Commission
- 131 M Street
- NE Washington, D.C. 20507
- Phone: 1-800-669-4000
- Website: www.eeoc.gov
You must file discrimination complaints within 180 days of the day on which the discrimination took place.
Contact the Leading Age Discrimination Attorney in NYC
An age discrimination lawsuit can be costly, time-consuming, and emotionally draining. This isn’t to say you shouldn’t file a lawsuit, however, as winning an age discrimination lawsuit can bring justice to your case while deterring future acts of age discrimination in NYC workplaces.
At Hoffmaier & Hoffmaier, our NYC employment law attorneys have years of experience representing individuals just like you with their discrimination cases. We’ve litigated against both large and smaller companies, and we have the resources to give your case the vigorous representation it deserves.
For a free, no-obligation with the attorneys at Hoffmaier & Hoffmaier, call our NYC law office today at (212) 777-9400.