New York City Age Discrimination Lawyers Protect Aging Workers
New York City age discrimination lawyers at Leeds Brown have seen a rising number or age discrimination claims over recent years. As people live longer, maintain better health, and often work well into what used to be the “golden years,” some workers find themselves being subtly squeezed out of their jobs, overlooked for promotions, or blatantly fired because of their advanced age. These actions may be unlawful.
New York and Federal Laws Protect Against Age Discrimination
Many pieces of legislation such as New York Human Rights Law (NYHRL), New York City Human Rights Law (NYCHRL) and the federal Age Discrimination in Employment Act (ADEA) make it illegal to discriminate against someone because of their age. Employers are not permitted to make any employment decision based on age. Decisions about hiring, firing, compensating, training, and promoting are a few examples of employment decisions.
Differences Between Federal and State Laws
There are some differences between the federal and local laws. The ADEA, for instance, covers employees who are 40 and older while New York laws cover employees who are 18 and older. The ADEA applies to employers with 20 or more employees while New York laws apply to employers with 4 or more employees. NYHRL provides broader protection to workers than the federal ADEA.
Unfortunately, age discrimination is not always easy to prove, and many older workers tend to be reluctant to explore avenues of possible recourse. Some fear repercussions in their existing jobs while others worry about being labeled as troublemakers and becoming unattractive to potential future employers.
By speaking with experienced New York City age discrimination attorneys at Leeds Brown, you can learn about the rights you may have to recover monetary damages and other remedies from your employer. We have a deep understanding of federal and New York anti-discrimination laws and can help you to determine the best course of action. Whether you fall under the protection of the ADEA or NYCHRL, Leeds Brown can successfully navigate your New York City age discrimination claim – from filing an administrative complaint all the way through trial. If your employer has made an employment decision based on your age, contact our office to protect your rights.
Study Shows Workers Face New York City Age Discrimination
In 2013, the American Association of Retired Persons (AARP) conducted a survey in New York revealing some startling results. Forty-six percent of the people 50 and over interviewed expressed concern over age discrimination in the workplace. Consider the following reported responses from the survey:
- Twenty-three percent of those surveyed said they received negative comments about their age.
- Twenty-four percent of people surveyed said they were denied a promotion or raise because of age.
- Twenty-three percent of those surveyed said they had been fired, laid off or forced out of a job since turning 50
- Twenty-seven percent of people surveyed said they were encouraged to retire
- Twenty-six percent of the individuals surveyed said someone refused to hire them for a job because of their age.
There are tens of thousands of age discrimination charges filed with the Equal Employment Opportunity Commission each year, but the complaints often get resolved or dismissed before they ever reach a courtroom. Early resolution or dismissal results in part because plaintiffs in ADEA cases must prove that age was a motivating factor in the employment decision. Proving age as motivation can be difficult because there may be multiple reasons cited by the employer to try to justify their actions.
Some clients prefer to negotiate with former employers and quickly move on with their lives, closing an unpleasant chapter. Either way, hiring seasoned New York City age discrimination lawyers at Leeds Brown can help you make the best decision and achieve the best results under the circumstances.
Are You the Victim of New York City Age Discrimination?
Age discrimination can be blatant and at times it may be masked by seemingly innocuous business decisions. Because each employment relationship is unique, however, it can be difficult to determine if you are experiencing true age discrimination. There are some signs that may provide evidence of unlawful discrimination. Consider the following:
- Your employer lays off a group of people based on age or seniority alone
- You apply for a job, and the company policy states that it only hires people with less than ten years of experience
- Your co-workers or employer refer to you as “the old guy” or “dead weight.”
- Your employer ceases to assign you new projects or reassigns your existing work to younger employees
- After years of excellent performance reviews, you suddenly receive poor marks that contradict your work product
- Your employer only gives promotions to younger, less qualified employees
- Your employer excludes older workers from meetings or training programs
- You are over 40 and repeatedly asked by your employer when you plan to “hang it up already.”
- Your employer takes away benefits from older workers or offers better ones to younger workers
- Your employer refuses to share new technology programs or equipment with older workers
Age Discrimination is Unlawful – Understand Your Options
New York City age discrimination attorneys at Leeds Brown can help you understand your rights and options if you think your employer has made a discriminatory employment decision based on your age. To help preserve evidence you may want to do the following:
- As soon as you experience discrimination, document it in detail
- Keep records of every instance of discriminatory activity
- If you have witnesses to the discrimination, get their names and phone numbers
- Do not sign anything from your employer before having an experienced New York City age discrimination attorney review it
Leeds Brown can review your case and decide with your help, how to protect your best interests. Whether your goal is to negotiate a settlement, file an administrative complaint with the Equal Employment Opportunity Commission or the New York Human Rights Commission, or take your case all the way to trial, Leeds Brown is the employment discrimination firm you want on your side. Our attorneys have the skill and determination to ensure that older New York workers receive the fair and equal treatment to which the laws entitle them.
Contact Leeds Brown to find out more about recovering monetary damages for age discrimination. Our New York City age discrimination attorneys are available by phone twenty-four hours per day, seven days per week for your convenience. Call us at 1-800-585-4658 to arrange a free case evaluation.