Age Discrimination During the Interview or Hiring Process
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 (212) 248-7431 or contact us online to set up a free consultation.