With age comes wisdom. The older you get, the more you seem to know, the more you have learned, and the more you have lived. Although with aging comes wisdom, with aging also comes some forms of discrimination. You can experience discrimination because of your age anywhere you go, but it often happens in the workplace. When this type of discrimination is present in the workplace, it is important to seek legal advice. If you or a loved one have experienced discrimination in your workplace due to your age, contacting an experienced New York City age discrimination attorney is invaluable.
What is Age Discrimination?
Age discrimination involves treating someone, whether an applicant or an employee, less favorably because of his or her age. It is important to note, however, that the ADEA only forbids age discrimination against people who are age 40 or older. The law forbids discrimination when it pertains to any aspect of the employment process including hiring, firing, pay, job assignments, promotions, and layoffs. Statistics show that one in five workers believe that they have seen or experienced age discrimination in the workplace. To make matters worse, when it comes to the length of unemployment between jobs, older workers are at an all-time high averaging three months or longer for unemployment for someone age 55 or older, which is higher than younger individuals.
What are the Laws Regarding Age Discrimination?
Age discrimination is illegal, and the ADEA particularly forbids age discrimination in companies that have 20 or more employees. Some examples of age discrimination are:
- Pressuring or forcing an employee to retire;
- Not allowing older employees to learn new skills;
- Promoting a younger person rather than an older worker.
For an action of age discrimination to succeed, the plaintiff needs to prove that age discrimination was a motivating factor in the decision. Though this may sound straightforward, age discrimination plaintiffs have a tougher burden of proof because they need to prove that age discrimination was the only factor involved. Nonetheless, the law allows for damages based on compensation, costs, emotional distress, past and future losses, as well as punitive damages. It goes further to protect the victims of age discrimination by enforcing retaliation laws against an employer who retaliates against an individual for filing a discrimination charge, testifying, or participating in a legal proceeding involving age discrimination.
Need Legal Advice?
All forms of discrimination, especially in the workplace, are unacceptable. Discriminating based on age, however, can be particularly humbling as each year passes. Age discrimination does not have to be accepted because there are laws in place that will protect you. If you or a loved one feel that you have been discriminated against by your employer due to your age, contacting The Law Offices of Joseph & Norinsberg may be beneficial to determining whether you have a case. Contact our office at (212)-JUSTICE or email@example.com so that we can strategize about the best possible outcomes for your potential case.