Phillips & Associates

Long Island Age Discrimination

Employment Lawyers Advocating for Workers on Long Island

The population for Suffolk County on Long Island was 1.5 million people as of 2012, and of these people, 14.5% were 65 years old or older. The population of Nassau County was 1.3 million people, and 15.8% of these people were 65 years old or older. Age discrimination occurs when an employer makes employment decisions because of your age rather than merit. Under federal law, only people who are age 40 or older are considered to have a viable claim for age discrimination. However, state law permits claims by employees who are younger. At Phillips & Associates, our Long Island age discrimination lawyers may be able to represent you in a lawsuit for damages. Call today for a free consultation with one of our employment attorneys. We are a Long Island contingency law firm, which means there are no attorney fees unless we recover. Call us today at (516)-365-3731.

Age Discrimination Laws

If you apply to a job or work for a company with at least 20 employees, it is covered by the federal Age Discrimination in Employment Act (ADEA). The employer is not allowed to base its employment decisions on your being 40 or older. The law protects people who are at least 40, but it does not prohibit age discrimination against employees who are younger.

More people are covered by the New York State Human Rights Law. This law covers businesses that have at least four employees, and it prohibits them from perpetrating age discrimination against people who are 18 and older, except when being of a particular age is a bona fide occupational qualification. Age is a "bona fide occupational qualification" if it is reasonably necessary for the employer to operate its business. Your employer is allowed to ask you for your age or date of birth when you apply for a job.

Examples of Age Discrimination

Age discrimination can occur in a wide range of scenarios, and an age discrimination attorney can advise Long Island residents on whether it may have affected them. Often, discrimination is suspected rather than explicitly stated. An employer may use language carefully to avoid being held accountable for age discrimination. For example, if you are 55 and passed over for a promotion that is given to a younger worker with fewer qualifications and much less experience, the company’s decision to use "fresh blood" may be age discrimination.

Similarly, if your company is doing poorly and conducting layoffs, but somehow all of the workers over age 50 are the people being terminated, while younger employees stay on, this may be age discrimination. Often, a telltale sign is that you will be asked to sign a severance agreement. A severance agreement is a contract between an employer and employee that specifies the terms under which termination or a layoff is occurring. The agreement may be entitled a "release and covenant not to sue." The severance agreement is supposed to be supported by an exchange of something of value, which is called consideration, in order to be enforceable.

In addition to being supported by consideration, a waiver of an age discrimination claim in a severance agreement needs to comply with the federal Older Workers Benefit Protection Act (OWBPA). A Long Island age discrimination attorney can help you determine whether the law’s requirements are met. The waiver needs to be knowing and voluntary, and seven factors must be established for the waiver to be considered as such. The seven factors are:

  • The waiver is written in clear language;
  • The waiver expressly refers to rights or claims arising from the ADEA;
  • The waiver advises the employee in writing to consult an attorney before accepting;
  • The employee needs to be given 21 days to consider the offer of consideration or severance;
  • The employee needs to be given seven days to revoke their signature;
  • The waiver cannot include rights and claims arising after the date on which it is executed; and
  • The waiver must be accompanied by consideration in addition to whatever you are already entitled to receive.

Regarding this last element, it is not enough for the employer to say "I'll pay you for your last pay period and sick days, if you sign this agreement." Something more must be given.

Sometimes age discrimination is subtler. For example, if your employer does not permit older workers to go to training programs, wanting to save those resources for younger workers, this may be age discrimination. Similarly, if valuable accounts are always being given to the younger employees, this may be age discrimination. Harassment can be another form of age discrimination.

Consult an Age Discrimination Lawyer on Long Island

At Phillips & Associates, we fight employer misconduct on behalf of workers throughout Long Island, and we may be able to help you recover damages. Contact us at or through our online form to set up an appointment to discuss your case.

PHILLIPS & ASSOCIATES
585 Stewart Ave #330
Garden City, NY 11530
Tel: 516-365-3731
Fax: 212-901-2107

Client Reviews
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
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
★★★★★
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana