212.627.8100Most of us recognize that discrimination based on race, ethnicity, gender, or sexual orientation is illegal in the workplace. Employers that deny an otherwise qualified employee a well-deserved job opportunity or promotion based on one or more of these factors should be reported to ensure that such discriminatory practices do not occur in the future. However, discrimination based on a worker’s age can be somewhat more challenging to identify. Moreover, some people are not even aware that age discrimination is illegal in New York, which may prevent those who experience age discrimination in the workplace from reporting the incident or taking legal action against their employer. In fact, federal and state laws prohibit age discrimination at work. Unfortunately, enforcing anti-discrimination laws in the workplace can be difficult, especially since employers will do everything they can to deny engaging in these unlawful practices. If you believe that your employer is denying you job opportunities, promotions, or raises, or has terminated your employment based on your age, consider enlisting the guidance of a trusted and experienced employment law attorney who can help you assess the details of your case and identify the most strategic path forward. Let’s take a look at some ways of fighting ageism in the workplace and some steps you can take to report age discrimination at work to enforce your legal rights and secure the compensation and additional legal remedies you deserve.
Identifying Age Discrimination in the Workplace
First, it’s important to be able to spot incidents of age discrimination at work. At the federal level, the Age Discrimination in Employment Act (ADEA) prohibits employers (with more than 20 employees) from failing to hire, refusing to promote, discharging, or taking another materially adverse action against any individual because they are over the age of 40. Moreover, the employer cannot use the employee’s age as the basis for termination, promotion, or hiring decisions. The state of New York also recognizes several legal protections for workers, shielding them from age-based discrimination. However, it can be challenging to recognize incidents of age discrimination at work. One common example of age discrimination in the workplace occurs when an older employee has worked hard to qualify for a well-deserved promotion. However, instead of promoting this highly qualified candidate, the employer awards the promotion to a younger, less qualified and less experienced employee. If age was the reason for the employer’s decision, then this could constitute an act of age discrimination in the workplace. Another scenario where age discrimination may be present involves layoffs that disproportionately affect older employees, even though they may have been with the company for longer and are more experienced than their younger colleagues. You may be able to file an age discrimination claim against the employer if your age was the reason forthe company’s decision to terminate your employment. Ultimately, age discrimination cases can be complex and tricky to prove, so it’s highly recommended that you enlist the help and support of an experienced employment discrimination attorney to maximize your chances of obtaining a fair and favorable outcome.
Proving Age Discrimination in the Workplace
In many cases, a worker may not be completely certain that their employer has discriminated against them based on their age. They may wonder whether they were not as qualified as the other candidate or if the employer had another valid reason for denying them the promotion, position, or other employment benefits that they thought they deserved. As soon as you suspect that you may have been the target of age discrimination at work, you should take certain steps to start documenting the incident. Proving age discrimination in the workplace requires sufficient evidence, so start keeping a detailed log of all possible discriminatory incidents (and their dates, locations, times, and the names of any witnesses). It’s important to recognize that anti-discrimination laws also prohibit workplace harassment based on age, so document any incidents where you were subjected to a hostile work environment because your employer encouraged, tolerated, or failed to address any instances of harassment. Once you have documented these incidents and gathered any additional evidence of age discrimination at work, it’s time to report these matters to your manager or supervisor.
Reporting Age Discrimination in the Workplace
Most companies have policies and procedures for handling reports of workplace discrimination or harassment. In most cases, an employee who has been subjected to age discrimination should report their concerns to their manager or supervisor. From there, it’s up to the manager to handle the complaint using the appropriate channels. However, if your supervisor fails to take action, you can report the incident to your company’s Human Resources department. As you take these courageous steps, it’s important to recognize that you do not have to go through this stressful experience on your own. Enlisting the guidance of a trusted and caring New York employment discrimination attorney is the best way to ensure that you have the support and advocacy you need at every turn. Moreover, your attorney can help you fight back against any adverse employment actions that arise from you filing a complaint against your employer. In some cases, it may be appropriate to file a lawsuit against an employer to recover the compensation and employment opportunities to which you are rightfully entitled. No matter what the details of your age discrimination claim may be, you can trust that your skilled and knowledgeable employment law attorney will remain by your side throughout the entirety of the legal process, advocating aggressively on your behalf.
Learn More About Your Legal Rights and Options Today
Don’t let your employer get away with tolerating a hostile work environment. If you have reason to believe that you have suffered an act of employment discrimination in New York, consider discussing your options with a highly qualified employment law attorney who can help you understand your legal rights and identify the potential remedies that may be available. Fighting ageism in the workplace takes courage, but it’s necessary to ensure that all workers can enjoy a bright and just future.
If you believe that your age is subjecting you to workplace discrimination, discuss your legal rights and options with a dedicated and experienced employment law attorney as soon as possible. Reach out to Levy Ratner today at (212) 627-8100 to get started with a trusted New York employment discrimination lawyer.