The Federal Age Discrimination Employment Act (ADEA) Protects New York City Workers
Employment discrimination in New York City and New York State, in all forms, is unwelcome – if not illegal. There are few things more distasteful than interfering with a person’s right to earn a living. This is one of the reasons New York and the Federal Government have so many laws that protect the rights of workers.
Legislation and regulations attempt to keep factors such as age, gender, race and religion out of hiring, firing and other employment-related decisions. The Age Discrimination Employment Act (ADEA) protects eligible employees from age discrimination.
If you think that you have been a victim of age discrimination in New York City, contact the New York anti-discrimination attorneys at Leeds Brown Law, P.C. We can help determine if you are covered by the ADEA and the best way for you to pursue a claim for damages against the employer that violated your rights.
What Protection Does the ADEA Offer?
According to the Equal Opportunity Employment Commission (EEOC), “Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects a younger worker who is 40 or older.”
This provision includes apprenticeships, pre-employment questioning, job notices, and advertisements. The Older Workers Benefit Protection Act of 1990 specifically prohibits employers from denying benefits to older employees. This particular amendment to the ADEA was enacted to address those companies that try to reduce costs by pushing out older workers receiving higher benefits, in favor of younger workers earning less.
It is also unlawful for an employer to retaliate against an employee for exercising his or her rights under the ADEA.
Who does the ADEA Cover?
Not all employers are bound by the ADEA. It only applies to:
- Employers with 20 or more employees
- Employment agencies
- The Federal government
- State and local government
- Labor organizations
If your employer fits into one of these categories and you are over 40, you may be protected by the ADEA. The law does not apply if you are an independent contractor, elected official or your employer does not have at least 20 employees. If you are unsure, consider contacting the New York City age discrimination attorneys at Leeds Brown Law. We have been successfully protecting employees’ rights for decades and may be able to help you pursue your claim under the ADEA.
New York State Law Protects Employees from Age Discrimination
Many states also have laws that protect against age discrimination and New York is one of them. In New York City it is illegal for an employer to discriminate against anyone based on age. The age referenced in the state law is 18. The New York law also covers employers with as few as 4 employees. Although New York laws are more protective of employees than federal ones, filing a claim under either depends on a variety of complex factors. There are many agencies and regulations that come into play when deciding how to proceed with an age discrimination claim. The help of an experienced lawyer can make all of the difference to your case.
Contact Leeds Brown Law the New York City Age Discrimination Attorneys
We care about our clients and fight zealously to protect the rights of employees in New York. If you have faced age discrimination in New York or harassment at work because of your age, let’s put a stop to it now. If you have been unlawfully terminated or denied benefits, we may be able to help you get the money to which you are entitled. The attorneys at Leeds Brown understand the complexities of age discrimination laws, at both the federal and New York State level. Contact our office for a free case evaluation and find out what we can do to help you fight age discrimination in New York City and throughout New York State.