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Age Discrimination During The Interview Or Hiring Process

New York City Interview Age Discrimination Lawyer

Employment Attorneys Advising Residents of New York City

Aging is something that we cannot avoid. We also cannot avoid the need to work and provide financial support for our loved ones and ourselves. Regrettably, some employers are biased against certain age groups, believing that an applicant may be too young or too old for a particular position despite his or her strong qualifications. In New York State and New York City, protections have been enacted to discourage employers from engaging in age discrimination during the hiring process. These laws provide potential remedies for an applicant who can prove that the employer did not hire him or her because of his or her age. At Phillips & Associates, our employment discrimination lawyers have represented many New York City residents in these types of cases and are ready to help you seek the compensation that you deserve.

Protecting Your Rights Under Federal and State Laws

According to New York law, impermissible age discrimination occurs when an employer makes decisions based on an applicant’s age and not on his or her qualifications, skills, or aptitude. A number of laws at the federal, state, and city levels prohibit employers from engaging in this conduct. For example, companies with more than 20 employees are subject to the federal Age Discrimination in Employment Act (ADEA), which bars employers from making decisions about hiring or any other employment-related matter based on the fact that an applicant or employee is 40 years old or older.

New York State and New York City laws also provide many human rights protections, including a law prohibiting companies with four employees or more from discriminating against anyone in a hiring decision based on the fact that the prospective employee is 40 years old or older, unless the applicant’s or employee’s age is relevant to the specific position.

A number of factors may be considered in age discrimination claims, including whether the employer has a habit of giving preferable treatment to younger employees, whether the applicant did not obtain the job because his or her appearance suggested that he or she was too old, and whether the employer does not currently have any employees outside a certain age range.

Although some employers ask blatantly discriminatory questions during the interview process, many are more subtle in how they go about eliciting impermissible subject matter during an interview. Simple questions about when the applicant graduated from college or whether the applicant has a driver’s license or can legally drink alcohol can help a prospective employer learn more about whether that individual may fall within a certain age group.

Fight Age Discrimination by Enlisting a New York City Lawyer

If you participated in an employment interview and believe that you were subjected to age discrimination during the process, you may be entitled to compensation. At Phillips & Associates, our dedicated New York City attorneys have assisted many people facing discrimination or wrongful termination based on their age. We proudly serve employees and job applicants throughout the five boroughs of the city, including Staten Island, Queens, and Brooklyn as well as in Westchester County and Long Island. Call us at (866) 229-9441 or contact us online to set up a free consultation.

Discrimination Lawyer Success

MORE THAN $150 MILLION RECOVERED FOR PAST CLIENTS
  • $1.8 Million Race Discrimination

    Jesse S. Weinstein and Gregory W. Kirschenbaum successfully obtained a $1,800,000 unanimous jury verdict in the Southern District of New York on behalf of Plaintiff, John Pardovani. The verdict consisted of $800,000 in compensatory damages and $1,000,000 in punitive damages.

  • $280 Thousand Race Discrimination

    In a race discrimination case, a federal jury in New York found that use of the N-word in the workplace is never acceptable, even when used between black coworkers.

  • $2.2 Million Race Discrimination & Retaliation

    Greg Kirschenbaum was part of the trial team that won a $2.2 million verdict in a race discrimination and retaliation case in 2015. Rosas v. Balter Sales, et al.

  • $1.4 Million Religious & Sexual Orientation Discrimination

    Bryan Arce was part of the trial team that won a $1.4 million-dollar verdict in a religious and sexual orientation discrimination case brought by a Chef, which was the highest employment law verdict in 2012.