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Age Discrimination

Age Discrimination Is Not Acceptable in New York City Workplaces

Age is a protected characteristic, and yet age discrimination is sadly common. It is illegal for your employer to discriminate against you in a New York City workplace based on your age. Phillip & Associates has years of experience serving workers as trusted New York City age discrimination lawyers. If you suffered age discrimination on the job, you should call the trusted New York City employment discrimination lawyers of Phillips & Associates. Our firm seeks the best results for clients.

Talk to Phillips & Associates About Whether You Have an Age Discrimination Lawsuit

Age discrimination on the job occurs when a worker is treated adversely because of his or her age. It can include repeated questions about when someone is going to retire, comments about youthful image, lay-offs involving higher salary worker, refusal to invest in an older worker’s training, providing poor performance reviews based on the worker’s age and then terminating the employee based on negative reviews, passing over older workers for promotions, forcing workers to retire. For example, it would be age discrimination if your employer conducted layoffs targeting only those workers who were 60 or older. For another example, if you are passed over for a promotion and instead a much younger qualified worker is promoted, our age discrimination lawyers serving New York City may be able to examine the situation further to see if there are grounds to sue. Likewise, you might have a claim if your employer doesn’t allow older workers to go to training programs.

Federal, state, and New York City laws protect employees against age discrimination. The applicable federal law is the Age Discrimination in Employment Act of 1967 (ADEA). Under this law, you’re protected if you are an employee who is over age 40 years old if your employer has at least 20 employees.

Under the federal Older Workers Benefit Protection Act of 1990 (OWBPA) you are also entitled to other protections. For example, your employer can only reduce your benefits based on age if the cost of providing the reduced benefits to older employees costs the same amount as giving younger employees benefits. Your employer cannot deny you benefits because you are older.

Our age discrimination lawyers may also be able to pursue damages under the New York State Human Rights Law and New York City Human Rights Law. Under these laws, age discrimination is prevented even if you are under 40 years old. All employers regardless of size in the state of New York are prohibited from making firing, hiring or other employment decisions based on their age. These protections also apply to independent contractors.

Exceptions

It is very rare that age is an acceptable factor for an employment decision. However, in the rare circumstance when an employer is able to establish that an age restriction is needed because an employer must be of a certain age to perform in the job, age discrimination laws may not apply. Your employer might be able to prove some kind of upper age limitation is appropriate where a film features a teenager, for example. It is crucial to talk to a seasoned age discrimination lawyer about your particular situation to determine whether you have a claim.

Consult a Seasoned Age Discrimination Lawyer About Whether You Have a Claim

Age is a protected characteristic. Frequently, when age discrimination is taking place, the comments related to this is subtle. At Phillips & Associates, our age discrimination lawyers represent workers harmed by bigotry on the job in Brooklyn, Staten Island, Manhattan, Queens, the Bronx, Suffolk County, or Nassau County workplaces may give you grounds to sue for damages. If you were harmed in this way, you should call the trusted New York City employment discrimination lawyers of Phillips & Associates to discuss your situation. Call us at (212) 248-7431 or complete our online form. We are among the largest law firms in the city and we represent workers on a contingency fee basis. We offer free consultations.

New York Employment Attorney Blog - Age Discrimination
New Jersey Employment Lawyer Blog - Age Discrimination
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"Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues." Karen
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