Age Discrimination | Bantle & Levy

Have you ever felt like your employer was treating you differently compared to the younger, newer employees in the office? Do you feel like you’re being pushed to the bottom of the career chain, even though you’ve put in your time and effort? Are employees younger than you, with less experience, continuing to rise through the ranks?

If this sounds at all familiar to you, you may be experiencing age discrimination–and Bantle & Levy LLP can help.

What is Age Discrimination?

Age discrimination occurs when an employer makes an employment-related decision based on age and not on skills, qualifications, or job performance. Under federal, New York State, and New York City law, age discrimination by employers is illegal.

Examples of age discrimination in the workplace include:

  • During a company downsizing, many of the employees being laid off are age 40 or older.
  • Despite great performance reviews, you get laid off and replaced with a younger, less experienced person.
  • You are passed over for a promotion, for a less qualified, younger worker.
  • Older workers are not asked to attend training programs.
  • Managers begin talking about going for a more youthful image–then you get fired.
  • You applied for a job and did not get it because you look too old.
  • Valuable accounts/clients are given to younger workers.
  • You are left out of strategic meetings and instead, younger workers with less experience take your place.

What Federal Laws Protect Me From Age Discrimination?

Under the regulations of both the Equal Employment Opportunity Commission (EEOC) and the Age Discrimination in Employment Act (ADEA) employees are protected from workplace age discrimination.

However, to be protected under the ADEA, you must work for or apply for a job with a company with 20 or more employees and be 40 years old or older.

Some provisions under the ADEA include:

  • ADEA does not affect the common practice of offering early retirement packages to older employees so long as the employee can decline without adverse effects.
  • ADEA does allow the institution of mandatory retirement ages for individuals in high policy-making positions.
  • ADEA does not prohibit age-related employment decisions when age is a bona fide occupational qualification.

Further, the ADEA does prohibit harassment and hostile work environments fueled by age discrimination.

What New York State Laws Protect Me From Age Discrimination?

In addition to federal law, New York State and New York City human rights laws cover more cases than the ADEA.

As of February 8, 2020, New York State law prohibits all employers from making hiring, firing, or other employment decisions based on age. In addition, the protections against age discrimination in New York State apply to independent contractors, or 1099 workers. The New York State Human Rights Law applies to employers of all sizes and protects employees 18 years old and over from age discrimination.

New York City laws are similar as they prohibit employers with four or more employees from making hiring, firing, or any other employment decisions based on age, including employees under the age of 40. Additionally, the protections against age discrimination in New York City apply to independent contractors.

Depending on the circumstances of your case, our employment and civil rights lawyers will help you determine which laws–federal, state, or local–are most appropriate for your claim.

Facing Age Discrimination? Call NYC Lawyers, Bantle & Levy LLP

You should be judged on the quality of your work and your ability to meet the goals assigned to you. But if your employer places you in a situation where you feel your age is being used against you, you need to call Bantle & Levy LLP. We will navigate the severity of your claim and help determine which laws are most applicable to your case. Call us today to learn more.

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