It is no surprise that companies must walk a fine line when it comes to discrimination laws and the hiring process. Any company policy that negatively impacts workers age 40 and above or treats them differently – whether explicitly or implicitly – is against the law. For instance, a job posting need not specifically mention age to violate the law; companies can break the law by using more subtle language. In the same manner, the widespread use of new technologies may also result in age discrimination.
Know Your Age Discrimination Rights
New York State laws, as well as New York City Human Rights Law (NYCHRL), protect workers over the age of 40 – generally referred to as “older workers” – from employment discrimination based on age. Likewise the federal Age Discrimination in Employment Act of 1967 (ADEA), which was amended by the Older Workers Benefit Protection Act in 1990 (OWBPA) provides even more stringent protection for older workers. One example under the OWBPA is its prohibition against employers excluding older employees from benefits that are offered to their younger coworkers.
Examples of age-based employment discrimination includes an employer:
- Pressuring an older employee to retire by constantly inquiring about retirement or threatening termination;
- Terminating older employees with higher salaries before younger ones;
- Promoting a younger worker over an older worker based on age;
- Seeking “recent grads” or certain graduating class years when posting a job ad;
- Refusing to hire an otherwise qualified candidate based on his or her age;
- Providing better job opportunities or preferential treatment to younger workers; or
- Preventing an older employee to acquire new job skills or attend professional training.
New York Law
New York City Human Rights Law (NYCHRL) is one of the most powerful anti-discrimination laws in the nation. That being said, the purported act of discrimination must have occurred within – or have had sufficient connection to – the five boroughs of New York City in order for a complaint to be filed with the NYC Commission on Human Rights (NYC Commission).
It is important for a victim of age discrimination to know that the law requires the complaint be filed within one year of the last alleged discriminatory act. Moreover, a person may not file a complaint with the NYC Commission if a complaint based on the same facts has already been filed with another court or agency. Other courts or agencies include the U.S. Equal Employment Opportunity Commission (EEOC), NYS Division of Human Rights, as well as any other state or federal court.
New York Age Discrimination Attorney
If an employer has discriminated against you or someone you know based on age, contact the knowledgeable and experienced NYC age discrimination lawyers at Ricotta & Marks, P.C. Do not be a victim of age discrimination. Learn about your rights under New York state and federal laws. Call toll free (347)-464-8694 or click here to schedule your free, initial, appointment with our age discrimination attorneys.