New York Age Discrimination, The Problem

By: Michael J. Borrelli, Attorney
September 22, 2008

Common knowledge says that older employees have more experience and leadership skills than younger ones. Nevertheless, many employers see older workers as also having more problems with health, taking more time off, and being less active and ambitious.

Surveys show that in New York age discrimination begins when job seekers are in their late thirties. In some industries they consider a person to be worn out when they reach their forties.  The issue is extremely hard to address and in most cases represents the biased perception that older workers are not as capable and qualified as their younger counterparts. In addition to being perceived as “old”, experienced candidates are often considered to “cost” more than younger applicants. It means they would need higher salaries, pensions, and benefits.

U.S. law protects individuals who are 40 or older from employment discrimination based on age. It is unlawful to discriminate against an employee or a job applicant because of his or her age with respect to any term, condition, or privilege of employment - including, but not limited to hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

In New York age discrimination may occur under various circumstances. Here are some examples.  Before you were forced to retire, resign or fired, your boss made age-related remarks to you, or in your job evaluations, which made you believe that your age played a role in the employment decisions made against you. The employer could have said that you were not flexible enough to take on new projects or that you lacked the abilities to learn new technologies. He could have provided more promising positions to younger employees, regardless of their lack of competence or skill.

If you find yourself in any of the above mentioned situations, you may want to review the facts with an attorney to determine whether or not age discrimination exists in your workplace and whether you are a victim of such discrimination.
In cases where you are convinced you have been discriminated against because of your age, there are the protections provided by The Age Discrimination in Employment Act of 1967 (ADEA).

If you believe you are a victim of unfair firing, were offered an unjust severance package or were denied a deserved promotion, discuss the facts of your situation with a New York age discrimination attorney and learn how to bring your age discrimination case to the attention of the Equal Employment Opportunity Commission.

For more detailed information regarding federal and state laws prohibiting age discrimination visit The Law Office of Borrelli and Associates. If you would like to consult with our professionals or have questions concerning New York age discrimination, do not hesitate to contact us at the Law Office of Borrelli and Associates.