Age Discrimination
It is truly unfortunate that an employer would base employee merit on age alone but instances of New York City Ageism cases have become more frequent which it is critical to consult with a New York Ageism Attorney.
Often times hard working, loyal, and productive New York City or Long Island workers are the ones that suffer from this policy of replacing older New York workers with younger New York workers and litigation may be the only way to help the worker that has been wronged.
The offending party can be a New York State based company or a company from out of state doing business in New York including a co-worker or a manager or supervisor. The harasser can also be a customer, a vendor , or a client.
Simply put, any adverse employment action you suffer does not have to come directly from the employer. That is why it is imperative to have an Employment Lawyer in New York City experienced in Age Discrimination cases.
The Age Discrimination in Employment Act of 1967 (ADEA) protects employees including New York employees who are 40 years of age or older from discrimination because of their age.
The ADEA makes it illegal to subject employees to negative consequences associated with reporting discrimination or harassment, or participating in an investigation regarding discrimination or harassment of a New York City worker.
It would therefore be illegal to demote, fire, refuse to promote, harass or otherwise “Retaliate” against employees. This is known as retaliation, unfortunate if it occurs but can sometimes strengthen an underlying New York State Age Discrimination case.
The Age Discrimination laws enforced by the EEOC forbid Retaliation in any aspect of employment including pay, promotion, layoff, fringe benefits, training, job assignment, hiring, firing and any other condition of employment.
The remedies for this type of violation are diverse and may include a monetary award known as liquidated damages that are twice the amount equal to back pay which could be awarded if a willful violation is established. Another option is supervision of the defendant to prevent any future retaliation and age discrimination against employees. Additional remedies include supervision and training for supervisors on the ways to address complaints and an outside EEOC monitor to insure compliance as well as postings for employees.
The statute of limitations (The time you have to bring a legal action) is generally 300 days to file a charge with the EEOC or up to one year to file with the New York State Division of Human Rights. Consulting with a New York Employment Lawyer familiar with the EEOC and State Division of Human Rights is very important.
Examples of Age Discrimination cases where a New York City Employment Lawyer can offer assistance are many and may include being replaced by a younger worker that is paid less, apprentice programs that have age limitations, being passed over for promotion, exclusion from meetings and decision making process, negative employment evaluations where none ever occurred prior, increased scrutiny regarding older workers, being disciplined selectively / younger workers not disciplined, pattern of forcing out older workers, outside contractors that suggest restructuring eliminating your position, outside consultants suggesting restructuring with job elimination, job advertisements or notices that reference age limits, although it is not illegal to ask an employees age during the hiring process, questions posed in a way that might keep older workers from applying may be age base discrimination. Older workers may also be denied training, older workers being denied benefits, demotion or reduction in salary, being assigned to a less desirable position, manager or supervisor informs you that “we need new blood” Manager comments that you look “Old These Days” and also Tech industry age bias and ageism. The above examples are not an exhaustive list and employers can be skilled at hiding their true intentions which is why it is critical to have an Employment Lawyer on Long Island experienced in Age Discrimination cases.
In order to protect your rights, you should consult with a New York City Age Discrimination lawyer that intimately understands these cases and understands the pretext for an illegal age based termination based on age discrimination and losing job duties to less experienced workers.
COMMONLY ASKED QUESTIONS FAQs
The amount of time you have under Federal Law to file is within 300 days with EEOC. The amount of time you have under State Law to file is within 3 years of the incident.
The employees that are protected include Interns, job applicants and any person 18 years of age or older in New York State and workers over 40 under Federal Law.
You do not have to be employed full time and Coverage extends to Interns, seasonal workers, full-time, and Part-time workers.
The type of money damages available include punitive and compensatory damages.
If you are the victim of age discrimination in New York, you should make a complaint to Human Resources and Consult with a highly experienced New York Age Discrimination Lawyer.
Contact us today for a personal one on one, Private and Free Consultation so that we can examine the merits of your case and so you can get the help you need immediately. I look forward to helping you.