Age Discrimination Lawyers for Employment
Fighting to Protect Workers Against Workplace Age Discrimination
As the workforce grows, one problem older workers often face is age discrimination. Age discrimination victims are often passed over for promotions in favor of younger employees or are forced to deal with a hostile work environment.
If you have suffered age-based harassment in your workplace or an adverse employment action, you may be able to pursue legal remedies. However, age discrimination laws can be overly complex and require the help of an experienced lawyer.
Miletti Law P.C., is a New York City law firm dedicated to protecting employee rights. Our age discrimination attorney has extensive experience helping clients who have suffered unfair treatment. If you want more information about how we can assist you with an age discrimination claim, contact our office to schedule a free consultation. For your convenience, we also encourage you to visit our website and fill out our intake form, and our employment lawyer will respond to you as quickly as possible.
What is Workplace Age Discrimination?
The Age Discrimination in Employment Act of 1967 (ADEA) is a US federal law that prevents employees aged 40 and over from suffering age discrimination in the workplace. New York City and the state also have strict employment laws to protect older workers.
The New York City Human Rights Law (NYCHRL) also prohibits employers with four or more employees from engaging in age-based harassment. Although many people think age discrimination laws are only meant to protect workers over 40, New York City laws also apply to younger employees.
Age discrimination occurs when an employer makes decisions based on an employee’s age rather than their qualifications, skills, or productivity. Federal and state laws are meant to ensure that employers do not attempt to terminate older employees in favor of hiring younger employees or vice versa, pay them differently due to an employee’s age, or subject them to age-related comments.
If you believe that your employer has made employment decisions based on your age, you must consult an attorney who can review the facts of your case. Our employment age discrimination lawyer can review your case and determine what legal options best suit your needs.
What Legal Protections Does the Age Discrimination in Employment Act of 1967 Offer Employees?
The Age Discrimination in Employment Act (ADEA) of 1967 was enacted to protect employees and job applicants 40 years old and older from discriminatory practices. Under the ADEA, employers are prohibited from discriminating based on age in several employment areas. The ADEA also applies to businesses that employ at least 20 workers, federal, state, and local governments, labor unions, and employment agencies. The Equal Employment Opportunity Commission (EEOC) investigates employers believed to be violating ADEA protections.
One of the most critical areas of employment discrimination that the ADEA addresses is employers trying to hire, promote, or fire employees based on age. For this reason, employers cannot include age requirements when advertising employment opportunities.
Employers may also pay older employees less compensation for wages, bonuses, or other benefits than their younger colleagues.
Another area of the ADEA centers around employee job training or assignments. Employers are banned from giving younger employees preferential treatment regarding training or a more promising role in their organization.
Employers are also not allowed to retaliate against employees who file age discrimination claims or who they believe may have participated in investigations.
How Can I Find Out if New York State Law Applies to My Age Discrimination Case?
Age discrimination is never okay under any circumstances. However, knowing what state or federal law applies to your situation can be challenging. Although the Age Discrimination in Employment Act (ADEA) of 1967 protects against federal age discrimination, it only applies to businesses or organizations with at least 20 employees and employees over 40.
New York state law has additional laws that protect employees from discrimination in the workplace, regardless of company size or age. For example, the New York State Human Rights Law (NYSHRL) was enacted into legislation to protect employees 18 and older from being discriminated against. As with federal law, the NYSHRL prohibits employers from making decisions based on the age of their employees. State law also prohibits employers from retaliating against those who file age discrimination complaints.
If you are not sure which laws are relevant to your situation, it is wise to speak with an experienced age discrimination attorney who can determine what legal standard applies.
What are Some Examples of Age-Based Discrimination?
Often, company culture creates a hostile work environment for older workers and younger employees. Sadly, age discrimination cases can take many forms in the workplace. Some common examples of age discrimination include:
- Older workers are being passed over for promotions in favor of younger workers
- Targeting older employees for layoffs
- Age-based wage discrepancies for the same level and skill of work performed
- Refusing to hire a qualified employment candidate due to their age
- Inquiring about an employment candidate’s age at any time during the employment process
- Unjustified performance reviews for employees nearing retirement age
- Younger colleagues are given preferential treatment when new positions become available
- Subjecting older employees or younger workers to negative age-related comments
Although the examples mentioned above do not comprise a comprehensive list of age-based discrimination, they serve as a reminder that discriminatory acts can take many forms. If you have experienced age discrimination, contact Miletti Law P.C. so we can assess your case promptly.
What Can Happen if an Employer Violates Age Discrimination Laws?
The Age Discrimination Employment Act (ADEA) and the New York City Human Rights Law (NYCHRL) are federal and state laws that outline legal remedies to which employees may be entitled if they can prove they were treated unfairly due to their age.
If a New York City employer willfully violates age discrimination laws, an employee may be entitled to various legal remedies, including:
- Job reinstatement
- Front and back pay
- Attorney fees
Depending on the circumstances, the employee may also be able to recover compensatory and punitive damages. An employer may be ordered to pay compensatory damages to reimburse the employee for emotional distress and out-of-pocket expenses related to finding a new job. In other rare instances, an employer may be ordered to pay punitive damages for particularly blatant age discrimination.
However, proving age discrimination claims can be incredibly challenging and requires the help of a skilled attorney.
If you or a loved one has suffered age discrimination and is not sure what legal options are available, it is best to speak with an experienced attorney immediately. Contact our Brooklyn law office today to learn how to schedule a free initial consultation with our age discrimination attorney, who can address your concerns.
How Can I Prove NYC Age Discrimination?
If you feel you have been the victim of age discrimination, your first step should be to seek legal representation. Even with the federal and state laws meant to protect workers of a certain age, it can still be challenging to prove age discrimination.
An age discrimination lawyer will evaluate the circumstances involved in your case and advise you on what evidence will be needed to substantiate your claims.
It is important to remember that you must be able to prove that you were treated unfairly due to your age. For example, you may be able to produce emails, company policy, or other written evidence that shows you were passed over for a promotion in favor of a younger person despite being better qualified.
Your attorney will also likely advise you to keep a journal or detailed notes regarding all incidents where you were the victim of illegal discrimination. Your notes should include the names of those involved and add any age-related comments they may have made. Other essential details should include a list of witnesses and examples of other witnesses being treated differently due to their age.
A knowledgeable employment age discrimination attorney can evaluate the evidence you collect to determine whether it meets the legal criteria for filing a discrimination claim.
What Can I Do if I Have Experienced Age Discrimination in the Workplace?
If you have experienced age discrimination in the workplace, there are specific steps you can take to try and resolve the situation. After thoroughly documenting your experiences, you can speak with a manager or employer regarding the age discrimination issue. You can also take your concerns to the Human Resources Department. Although HR may not be able to resolve your issue, filing a complaint will provide supporting documentation should you need to seek legal representation.
If the age discrimination issue persists or your employer does nothing to try and prevent age discrimination, then the next step is to pursue legal action. You can file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR), depending on the circumstances.
Regardless of the type of age discrimination that occurred, an attorney can assist you with the legal process involved with filing a complaint. When you file a complaint, you want to be sure it is accurate and concise so there is no room for doubt about what happened.
An attorney can assist you with all aspects of the legal process and safeguard your rights. Miletti Law P.C. is a New York City law firm passionately committed to helping employees of all ages receive the justice they deserve.
What are the Benefits of Hiring a New York Age Discrimination Attorney?
Hiring an attorney to assist you with a legal issue is always in your best interest. Negotiating New York state and federal laws regarding age discrimination victims can be challenging without the help of a legal professional.
When you hire an age discrimination attorney, they will thoroughly evaluate your case to determine which laws apply and the best course of action. For example, when you speak to an attorney, they will listen to your side of the story and determine if you have a viable case. Once it has been determined that laws have been broken, your attorney can advise you on the evidence you need to gather to substantiate your case.
An employment discrimination lawyer can also help you fill out and file the legal paperwork with the correct agency to investigate your case. It is also important to note that time is of the essence in employment discrimination cases, so it is best to seek legal representation as soon as you believe your rights have been violated.
While the case progresses through the legal process, your attorney can advise you on what to expect and help you make informed decisions. If the agency dealing with your case cannot remedy the situation, they will send you a “right to sue” letter allowing you to pursue civil litigation.
What Makes Your Brooklyn Age Discrimination Lawyer the Best Choice for My Legal Needs?
Miletti Law P.C., is a New York City law firm that fights to help those who have been the victims of age discrimination. When you turn to us for help, we will fight to ensure that you are treated fairly by your employer, and steps you can take to avoid retaliation.
Our New York age discrimination attorney has in-depth experience handling the various issues involved with employment decisions. If you have suffered discrimination in the workplace or are unsure if your case qualifies to pursue a complaint, please get in touch with our Brooklyn law office as soon as possible.
For your convenience, call our law office directly at 314-648-2586 to speak with a representative or visit our website to fill out our intake form so we can schedule a free consultation.