Federal, New York State and New York City laws protect most workers age 40 and over from age discrimination in the workplace. The primary laws addressing age discrimination are:
- The Age Discrimination in Employment Act of 1967 (ADEA)
- New York State Human Rights Law
- New York City Human Rights Law
The ADEA prohibits discrimination because of an individual’s age” and protects employees over the age of 40. Under the ADEA, it is unlawful for an employer to discriminate against an older worker in favor of a younger worker. However, the ADEA does not protect the younger worker from discrimination in favor of an older worker. Unlike the ADEA, the New York State and New York City Human Rights Laws regarding age discrimination apply to all employees who are 18 or over, (but remember that the NYCHRL only applies where the business has at least 4 employees).
Recognizing Age Discrimination in the Workplace
Age discrimination is not always easy to spot and can be difficult to prove. A variety of signs at the workplace may point to possible age discrimination. Some examples include:
- Younger employees are treated differently from older employees
- Older employees are laid off, while younger less qualified workers are not
- Biased comments directed toward older workers
- Disparate discipline for older and younger workers
- Older employees are passed over for promotions in favor of less qualified younger workers
- A noticeable pattern of hiring only younger employees
If you see particular signs of age discrimination, it is important to document dates, times, places and the names of any witnesses. You will need evidence if you choose to file an age discrimination claim against your employer.
Get Legal Advice
The New York City Law Offices of William Cafaro concentrates on employment law cases. Our attorneys fight to protect the rights of employees whose employers unlawfully discriminate against them based on age, disability, sexual orientation, harassment or military status.
Contact a NYC Employment Law Attorney
If you suspect that you are a victim of age discrimination in the workplace or have questions about the law as it applies to your situation, call our law firm at (212) 583-7400 to arrange a confidential consultation. We do not charge a fee for an initial consultation to find out if you have grounds for a discrimination claim. If we take your case, you will not owe us a fee unless we recover damages for you.
Our response to an e-mail inquiry cannot create an attorney-client relationship or authorize us to do any work on your case.