Approximately 1.1 million teenagers are seeking work but are unable to find it, according to a recent New York Times article. According to the Bureau of Labor Statistics, the share of the labor force that includes workers aged 16 to 19 has dropped by as much as 40 percent since the year 2000. While experts are unsure as to the exact reason behind the high unemployment rate among teenagers, some factors may include adults seeking second and third jobs as a result of the sluggish economic recovery in addition to a decline in government support for summer jobs.
Federal law protects both job applicants and workers from age discrimination in the workplace, specifically in companies with more than 20 employees. This prohibition applies to issues regarding decisions relating to hiring, termination, layoffs, promotions and other conditions of employment. While the law does not prevent someone from being fired at all, it does prohibit age to be the sole factor in that decision. The burden of proof that age, and not some other legitimate business reason, was the basis for the decision ultimately falls on the former employee.
Additionally, federal law does not prohibit employers from asking a candidate for his or her date of birth, however, because these types of questions can discourage older workers from applying for a position or imply intent to discriminate; this should be asked only for lawful purposes. It is illegal, however, for an employer to assign work based on an employee’s age – even if the employer believes the assignment is beneficial for his or her workers. Age discrimination can manifest itself in many ways, if you think that you may have become a victim, contact the most skilled age discrimination lawyers NY has to offer at the offices of Ricotta, & Marks P.C.
What To Do
Generally, someone who experiences discrimination and wishes to file a claim must submit one to the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days from the date the victim became aware of the discrimination.
Initially, the EEOC will first attempt to settle the matter through mediation. If unsuccessful, then an investigation takes place. If the EEOC finds a “reasonable cause” that discrimination occurred, the EEOC will try to mediate again. If this second attempt at mediation fails, the EEOC may take action on behalf of the victim(s). If six months have passed without resolution, a victim of employment discrimination may request a “right-to-sue” letter from the EEOC. The victim also has the right to any information discovered during the investigation process. The victim can then proceed with a private suit. The most aggressive and knowledgeable employment discrimination lawyers NY has to offer will ensure that the appropriate processes are in place to end discrimination in your workplace.
Employment Discrimination Lawyers NY
If you or someone you know believes they have been discriminated against because of age – or any other protected status – contact the best employment discrimination lawyers NY has to offer. Contact the experienced employment discrimination lawyers in NY at Ricotta & Marks, P.C. today at (347) 464-8694 for your free initial case evaluation.