Age Discrimination in New York
Age discrimination in the workplace occurs when an employer provides preferential treatment to younger individuals over older individuals in hiring or terms and conditions of employment. The New York State Human Rights Law covers employers within the state with four or more employees and prohibits age discrimination in New York. This includes discrimination in hiring, firing, and terms and conditions of employment based on the age of an employee. Victims of age discrimination can file individual lawsuits in state court seeking compensation or can pursue a complaint through the New York State Division of Human Rights, a division of the Office of Attorney General tasked with enforcing the New York Human Rights Law.
Victims of age discrimination in employment who are over 40 may also have the option of seeking redress under federal law by filing a complaint with the Equal Employment Opportunity Commission (EEOC). While the federal and state laws are similar in essence, each provides unique procedures and remedies. As such, if you have suffered age discrimination, it is important to consult the experienced New York age discrimination lawyers at The Watanabe Law Firm. They can help you determine the best method of pursuing justice.
Age discrimination in New York and the Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA), enforced by the EEOC, was created to protect employees and job applicants over the age of 40. The ADEA prevents employers from refusing to hire, unfairly demoting, firing, or taking any other adverse employment action against such individuals based on age. Amendments to the ADEA in 1974, 1978 and 1986 protect workers over 70, changed the compulsory retirement age for most employees, and broadened the ADEA to include most employers.
Not only does the ADEA prohibit direct discrimination against older employees, it may also prohibit facially neutral policies that have a disproportionate adverse effect on older employees and applicants. There are, however, exceptions to the ADEA. Under the ADEA, employers can set a maximum age limit for employees if the age limit is reasonably necessary to operate the business effectively. Determining what policies are acceptable can be a complex and nuanced task. That is why employers should consult the experienced New York age discrimination attorneys at The Watanabe Law Firm, LLC. We provide legal counsel and help employers avoid discrimination litigation by drafting policies that comply with state and federal standards.
Contact us today
If you are an employee or an employer who has an age discrimination issue or have questions concerning the ADEA, it is important to consult with our New York discrimination attorneys who have the experience in handling age discrimination claims. Call the New York age discrimination lawyers at The Watanabe Law Firm, LLC today at 212-486-7005 or contact us online to discuss your age discrimination issue.