Age Discrimination in Employment Should Not Be Accepted

During the serious recession of the past few years, a number of stories surfaced regarding the additional hardship faced by many “older” workers.  After being laid off, these older workers were typically unemployed longer and had more difficulty finding new employment, and the trend continues today.  Numerous studies have found that unemployed workers over 55 spent 48.1 weeks unemployed, compared to an average of 28.5 weeks for those under 55.

In response to the plight of older workers, an abundance of articles have been published that seek to help the older worker overcome age discrimination and find employment.  The tone of many articles couches age and experience as obstacles to be overcome by the older worker and many of them implicitly accept the same stereotypes (e.g. older workers are slow and technologically inept) that employer’s hold.

Age Discrimination in Employment is Not Okay

These articles, and society generally, fail to truly emphasize the strengths that age and experience bring to a workforce.  The New York Times recently published this op-ed on the issue generally.  The articles likewise fail to place any responsibility on prospective employers. In addition to it being a moral obligation, New York state human rights laws and federal law explicitly prohibit employers from discriminating against employees or prospective employees based on the employee’s age.  The federal Age Discrimination in Employment Act (ADEA) applies to employers with 20 employees or more that discriminate against employees because the employee is over 40 years old.  New York’s laws protect employees 18 or older from discrimination based on age when the employer has more than 4 employees.

Age Discrimination Takes Many Forms

Not hiring an employee solely based on their age is a common form of age discrimination, but it’s not the only form.  Age discrimination occurs anytime an adverse job decision or action is taken solely based on the employee’s age.  Some common examples of workplace occurrences that may constitute discrimination include being passed over by a promotion that is given to a younger, less qualified worker; being fired after hearing supervisors make derogatory comments about your age; and being demoted because of your age.

The only time an employer is permitted to discriminate based on an employee’s age is if the job objectively requires that the employee is a certain age.  These situations are exceedingly rare – for example, an employer hiring an actor to play a grandmother could legally discriminate based on age.  In contrast, an employer hiring a manual laborer cannot legally fail to hire an employee based on their age because a certain age is not absolutely required for the job.  If an older prospective employee is capable of performing the required job duties, they must be considered on equal footing with a younger prospective employee.

Addressing Employment Discrimination at Your Job

So, what is the best way to deal with age discrimination in employment?  Don’t.  Don’t accept it as a natural part of being a worker over the age of 40.  If you think you’ve been treated differently by a current or prospective employer because of your age, contact the experienced employment law attorneys at Joseph & Norinsberg at (212) JUSTICE or by e-mail at info@employeejustice.com today to discuss your legal options.

2020-09-17T22:11:08+00:00March 9th, 2015|Age Discrimination|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Ysaac G

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 

D.F.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

Karleen L.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 

Isaiah B.

I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.

Kate P.

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