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Age Discrimination in the Office

In today’s society, people are staying active and working longer than ever before. Whether remaining in their career well into their 60s and over, or taking a new job direction after retiring, older workers are a valuable part of the American workforce. Unfortunately, while older employees have many wonderful qualities which both their employers and their coworkers can benefit from, discrimination still exists.

At Ricotta and Marks, P.C., our workplace age discrimination attorneys can help you get the fair and equal treatment you deserve. We stand up for your rights in the workplace, while defending you against unfair practices that could cost you your job.

Employment Discrimination Based On Age

According to the U.S. Equal Employment Opportunity Commission (EEOC), federal laws prohibit age discrimination in the workplace for employees over the age of 40. While the Age Discrimination in Employment Act (ADEA) does not make it illegal for an employer to favor an older worker over a younger one, it does make it illegal for them to favor young workers over those who are older, with similar qualifications. In addition to hiring practices, the law offers older employees the following protections:

  • Against unequal pay or fringe benefits;
  • Against being denied job assignments that are otherwise qualified to handle;
  • Against being denied promotions or bonuses younger workers receive;
  • Against being denied health insurance coverage due to their age;
  • Against harassment and a hostile work environment based on their age.

Simple teasing or joking around is common on some worksites, and does not qualify as harassment unless it occurs frequently, is meant to intimidate, or results in the above types of discriminatory actions.

Examples of Age Discrimination

While federal law applies only to employers with 20 or more employees, New York age discrimination laws prevent these practices in smaller business with as few as four employees. Age discrimination can be subtle, and it can be difficult to determine whether a hiring or other work-related decision is based on the employee’s age or other factors. Examples of situations in which age discrimination comes into play include the following:

  • When a company has downsizing or layoffs, but the majority of workers who remain are under 40;
  • Being passed over for a promotion you were in line for, and it goes to a younger employee;
  • Overhearing management talking about wanting a more youthful workforce or image for their company;
  • Getting laid off or terminated despite glowing reviews, and your position is given to a younger, less qualified worker;
  • Having tasks or assignments you are qualified to handle given to younger employees;
  • Being excluded from training programs, seminars, or conventions due to your age.

Reach Out to Us for Help

If you believe you have been discriminated against at work as the result of your age, contact Ricotta and Marks, P.C. today. Our experienced New York workplace age discrimination attorneys can help hold these employers accountable, while protecting your rights and interests. Call or contact our office online today to discuss your case.

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Ricotta & Marks, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514

Phone: 347-464-8694
Fax: 800-483-4508
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Long Island City, NY 11101

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