New York Age Discrimination Attorneys Representing Long Island Employees
Under both federal and state law, employees have protections against age discrimination. When an employer does engage in behaviors or make decisions that suggest age discrimination, it is critical to seek advice from one of the age discrimination attorneys in Long Island at Ricotta & Marks, P.C. Whether you were denied employment because of your age, were asked unlawful questions about your age in a job interview, were terminated because of age, or faced retaliation after filing an age discrimination claim, you may be eligible to seek a remedy.
Long Island employers cannot discriminate against employees or job applicants on the basis of age.
Depending upon the specific facts of your case, you could be able to file a claim under federal or state law. Our firm has been serving employees in New York for years, and we are committed to helping employees who have faced age discrimination and other forms of discrimination on the job.
What is Age Discrimination on Long Island?
Age discrimination in employment is any discrimination against a person from the hiring practice through termination due to age. New York state law applies much more broadly than federal law, providing greater protections for employees on Long Island and throughout the state of New York.
The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against anyone who is aged 40 or older. According to the EEOC, the law “does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.” New York is one of the states that does have a law that provides protection to younger workers, too.
The New York State Human Rights Law states that “an employer may not refuse to hire or promote an employee, and may not terminate an individual because of age, and must provide the same terms and conditions of employment irrespective of age, including salary.” Under the New York State Human Rights Law, all of the following types of actions are prohibited as forms of age discrimination:
- Employer (or potential employer) inquires about employees’ ages in connection with limitations of employment;
- Employer (or potential employer) uses a job application that expresses, either directly or indirectly, a limitation on the age of workers;
- Employer (or potential employer) advertises a job for employees only within a certain age bracket;
- Employer denies entrance into an apprentice program due to an applicant’s age;
- Employer establishing seniority based on age;
- Employer establishes layoff protocols based on age;
- Employer establishes recall lists based on age;
- Employer offers different benefits, services, or membership options to employees based on their ages;
- Employer requires mandatory requirement at a certain age; and
- Employer asks questions about a job applicant’s age that are not tied to a bona fide reason like licensing requirements.
Long Island Age Discrimination and Harassment
Age discrimination can also take the form of harassment in the Long Island workplace. As the EEOC emphasizes, harassing someone because of their age is prohibited under the ADEA and by state law. According to the EEOC, age-related harassment “can include, for example, offensive or derogatory remarks about a person’s age.”
To be clear, in order for workplace comments or actions to rise to the level of unlawful age-related harassment, a person cannot experience “simple teasing, offhand comments, or isolated incidents that aren’t very serious,” according to the EEOC. Rather, “harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.”
It is critical to note that the employer is not the only party who can engage in unlawful age-related harassment in the workplace. To be sure, any of the following parties can engage in unlawful age-related harassment that is prohibited under the law:
- Vendor; or
In addition, the person who is facing age-related harassment does not need to be the person who files the lawsuit. Other employees who are affected by discrimination can be eligible to file a claim, as well.
Protections Against Retaliation for Filing an Age Discrimination Claim in Long Island
Federal and state laws that prohibit age discrimination also prohibit retaliation against employees who file claims for age discrimination or otherwise exercise their rights.
Contact an Age Discrimination Attorney on Long Island
If you have questions about filing an age discrimination claim or believe you have been subject to age discrimination in your workplace, one of the Long Island age discrimination attorneys at our firm will use their years of experience to assess your case and develop a plan for your claim. Contact Ricotta & Marks, P.C. online or call our firm at 347-464-8694.