New York Age Discrimination Lawyer

Protections Against Age Discrimination in the Workforce

Under the federal Age Discrimination in Employment Act of 1967 (ADEA), it is illegal for a company to refuse to hire, fire, or promote a person due to their age.

While older individuals often have much wisdom and experience to impart in the workplace, some employers are prejudiced about hiring older employees because they unfairly equate age with higher medical expenses or slower production rates.

Fighting Against Age Discrimination in the Workplace

Age discrimination is defined as any actions taken against an individual based on their physical age or years of experience in the workplace. It does not matter if the person is discriminated against while seeking employment or after they are already on the job.

Age discrimination laws make it illegal for companies to use a person’s age as a factor to treat them differently from other employees or job candidates who may be younger.

Federal laws typically apply to workers over the age of 40, but state laws protect workers of all ages. New York’s age discrimination laws also cover independent contractors, subcontractors, consultants, and vendors.

Companies that practice age discrimination in the workplace rarely admit to any wrongdoing. They usually claim the action was taken due to company downsizing, reductions in their workforce, or organizational restructuring.

Often, circumstantial evidence is used to prove that age discrimination or age-based harassment has occurred. For example, instances of derogatory remarks overheard about a person’s age, pace, or technology skills could be used against them.

Documented statements, witness testimonies, complaints and incidents reported to human resources, and annual job evaluations are all helpful in proving age discrimination cases.

It may be necessary to examine hiring trends at the company to see if they have a history of mainly hiring younger workers or laying off older workers and replacing them with younger ones with equal or fewer job qualifications.

We might also look at what type of job training is offered and how growth opportunities are presented to younger versus older workers. Companies should offer equal pay, benefits, training, and promotional opportunities to all workers regardless of their age.

How to File an Age Discrimination Claim

If you believe you have been discriminated against in the workplace due to age, you have the right to pursue legal action.

You should consider filing a written complaint with your supervisor or human resources department and keeping a copy for your records. Document each incident thoroughly, noting the time, date, place, and any witnesses.

You may also choose to file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). It is always best to obtain effective legal representation prior to filing a complaint with an administrative agency.

Age discrimination claims should be filed within 180 days of the illegal action, although this deadline may be extended to 300 days in some cases. Additionally, you may file a local claim with the New York State Division of Human Rights or the New York City Commission on Human Rights.

You should always speak up about discrimination or harassment in your workplace. Once you file a formal complaint, you enjoy additional legal protections against retaliation. Remember, it is illegal for an employer to retaliate against you for filing an age discrimination claim.

Damages to Recover from Age Discrimination

If you have been a victim of age discrimination in the workplace, you may be entitled to compensation for lost wages and benefits, emotional distress, attorney’s fees, and punitive damages.

Filippatos PLLC is Dedicated to Protecting You Against Age Discrimination

If you believe you have been discriminated against at work due to your age, please do not hesitate to contact us. We practice in New York, including the Greater Tri-State area of New Jersey and Connecticut, as well as Florida.

At Filippatos PLLC, we believe all individuals—from factory workers to boardroom executives—are entitled to fair pay and a workplace free from discrimination, harassment, and retaliation. Our team of experienced age discrimination lawyers will fight hard to secure you the dignity, respect, and justice you deserve.

Please give us a call at 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case.

We are committed to finding a compassionate, innovative, and successful solution that is right for you.