212.627.8100As we advance in our careers, we trust that our employers will recognize our valuable contributions and give us the promotions we deserve based on our qualifications and experience. In fact, federal, state, and New York City employment laws protect workers from discrimination or bias in the workplace, which means that an employer must base all hiring and promotion decisions on non-discriminatory factors, such as the employee’s job performance, qualifications, and experience—not their race, age, national origin, gender, or pregnancy status. Unfortunately, acts of employment discrimination still happen in workplaces across the country. However, an employer will rarely be blatant or obvious in its decision to deny you a well-earned promotion based on your gender, race, or age. Instead, they may attempt to justify their actions by pointing to another candidate’s assets or qualifications or reassuring you that the promotion was not “the right fit” for you. Age discrimination can be difficult to recognize, but working with a respected age discrimination law firm can give you the support and confidence you need to take action against an employer who is violating the law. Let’s take a look at how to identify age discrimination in the workplace and some of the steps you can take to combat age-related bias in employment decisions.
Age Discrimination Protections at the Federal Level
Legal protections relating to age discrimination date back several decades. The Age Discrimination in Employment Act of 1967 (ADEA) protects employees and job applicants who are 40 years or older from age-based employment discrimination or bias. The ADEA makes it “unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.” In other words, an employer cannot deny an otherwise qualified employee a well-earned promotion because of their age, nor can the employer retaliate against the employee for reporting or filing a complaint regarding age discrimination on the part of the employer. Private employers with 20 or more employees, governments at the federal, state, and local levels, employment agencies, and labor organizations are all covered by the ADEA. It’s also important to understand the federal protections offered by the Age Discrimination Act of 1975, which aims to “prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.” As an employee over the age of 40 who believes that your employer discriminated against you because of your age, these federal laws and protections may entitle you to seek legal remedies to redress wrongdoing on behalf of your employer.
Understanding New York’s Age Discrimination Laws
Employees are protected from age discrimination in the workplace under state and New York City laws as well. The New York State Human Rights Law protects employees from acts of workplace discrimination based on race, creed, age, color, national origin, sexual orientation, military status, marital status, sex, or disability. Under this law, “An employer may not refuse to hire or promote an employee, and may not terminate an individual because of age, and must provide the same terms and conditions of employment irrespective of age, including salary.” The law also states that employment agencies cannot discriminate because of age and must provide the same services (i.e., job referrals) to individuals over the age of 40 as they would to clients of any other age group. Reach out to the seasoned team of age discrimination lawyers at Levy Ratner today to learn more about the legal remedies that may be available to you.
New York City and Age Discrimination Protections
New York City took additional steps to provide legal protections for employees by creating the New York City Human Rights Law (NYCHRL) in 1977. Under this law, all workers—regardless of age—are shielded from age-based discrimination in the workplace. The NYCHRL applies to businesses that employ four or more employees. Not only do these federal, state, and local laws protect workers from age-based discrimination, but they also prohibit any acts of age-related harassment in the workplace. This means that you can take action against an employer for tolerating, promoting, or neglecting to address the hostile work environment created by harassment, jokes, or hurtful comments. Even if you are unsure of whether your situation qualifies as aged-based discrimination, discussing your options with the dedicated team of age discrimination attorneys at Levy Ratner is the best way for you to make informed decisions with greater clarity and confidence.
Examples of Age Discrimination in the Workplace
Recognizing age discrimination in the workplace can be difficult, as employers rarely exhibit such obvious age-based bias when denying an otherwise qualified employee a promotion or employment opportunity. It’s important to document every detail of the situation so you and your New York employment law attorney can determine the most strategic path forward. For instance, if you have been working at your office for over 20 years and you have all of the job qualifications and the experience necessary for an upcoming promotion, you would likely be devastated if your employer gave the promotion to a younger, less experienced candidate who has not had the opportunity to demonstrate their skills and abilities that the position requires. If you and your attorney can establish that you are objectively the most qualified candidate for the position and the job was denied to you because of your age, you may be able to hold your employer liable for violating age discrimination laws. Another possible instance of age discrimination is when an employer lays off several employees, all of whom are older. If this is the common factor in their termination, the employer may have violated age discrimination laws (and, therefore, the employer may be held liable for its discriminatory practices).
Learn More About Your Legal Rights and Options Today
Don’t let your employer get away with tolerating or engaging in discriminatory practices. If you believe that you have been the victim of age discrimination in the workplace, reach out to a skilled and empathetic New York employment law attorney to start exploring your legal options. Together, you can identify the most appropriate course of action that not only allows you to recover the compensation, promotion, or job position you rightfully deserve but also holds your employer responsible for their unfair (and unlawful) actions.
If your employer has denied you a promotion in favor of a younger, less qualified candidate, you may qualify for legal remedies. Call Levy Ratner today at (212) 627-8100 to discuss your options with a dedicated and experienced New York employment law attorney.