Westchester County Age Discrimination Lawyer

Employment Lawyers Assisting Residents of Westchester County, NY

Employment decisions should be based on merit, not age. Age discrimination occurs when an employer makes an adverse employment decision because of an employee’s or applicant’s age rather than performance or other job-related factors. Federal and state protections differ, so you should consult an experienced Westchester County age discrimination lawyer about your situation. At Phillips & Associates, PLLC, we may be able to represent you in an age discrimination lawsuit.

Age Discrimination in Hiring & Workplace Decisions

Age discrimination can affect decisions throughout the employment relationship, from a job advertisement to termination. Although no single comment or unfavorable decision automatically establishes a claim, the circumstances and patterns surrounding an employer’s actions may provide relevant evidence.

Potential forms of age discrimination include:

• Hiring: Rejecting a qualified applicant because of age or publishing a job advertisement with an age preference, limitation, or specification, except in rare situations involving a bona fide occupational qualification.
• Promotions and assignments: Denying advancement, desirable assignments, or training opportunities because of an employee’s age.
• Layoffs and termination: Selecting older workers for dismissal, pressuring them to retire, or replacing them with younger workers under circumstances suggesting age affected the decision.
• Compensation and benefits: Making age-based decisions about pay or employment benefits.
• Workplace harassment: Subjecting an employee to age-based conduct that is frequent or severe enough to create a hostile work environment or that results in an adverse employment decision.

Age-coded comments, repeated questions about retirement, and patterns involving younger workers may be relevant when evaluated with records, timing, and the employer’s stated reasons for its decisions.

Federal Laws Against Age Discrimination

The Age Discrimination in Employment Act (ADEA) and New York state law both prohibit workplace age discrimination, but they provide different protections.

The federal ADEA only applies to employers that have a minimum of 20 employees. An employer covered by the ADEA cannot make employment decisions based on your age if you are 40 or older. This includes discrimination against existing employees as well as age discrimination during the interview or hiring process. However, there is no federal prohibition against age discrimination against people who are younger than 40.

Companies with older employees sometimes associate those workers with higher costs for benefits such as life insurance, retirement plans, or pensions. An employer isn’t allowed to pay less for an older worker’s benefits than it would for a younger employee. The Older Workers Benefit Protection Act (OWBPA) establishes safeguards for older workers. An employer asking you to give up the right to sue for age discrimination must comply with the OWBPA, which amends the ADEA and protects older workers’ benefits. It also governs waivers of age discrimination claims in severance agreements. An age discrimination attorney in Westchester County can review a proposed agreement and determine whether it improperly asks you to waive your rights.

Under the OWBPA, a waiver of an age discrimination claim in a severance agreement must be knowing and voluntary. It must also:

1. Be written in clear, unambiguous language.
2. Explicitly reference claims or rights under the ADEA.
3. Tell the employee to consult an attorney before accepting.
4. Allow 21 days to consider an individual offer or 45 days when the offer is part of a group exit incentive or severance program.
5. Give the employee 7 days to revoke their signature.
6. Exclude claims or rights that arise after the date of execution.
7. Provide consideration, meaning something of value beyond what the employee has already earned.

For example, an employer can’t condition payment for your last pay period on signing the waiver.

If you sign the waiver, you give up your right to sue the employer for age discrimination or other employer misconduct. An incentive to leave may signal that the company is concerned about a wrongful termination lawsuit. Consult an experienced Westchester County age discrimination attorney before signing the waiver. Your employer shouldn’t retaliate against you for not signing the waiver.

State Laws Against Age Discrimination

The New York State Human Rights Law prohibits age discrimination in employment, promotions, termination, and apprentice and training programs when the applicant or employee is 18 or older and age isn’t a bona fide occupational qualification. Since February 8, 2020, the law has applied to employers of every size. Age is a bona fide occupational qualification when the requirement is reasonably necessary for business operations. Although state law prohibits age discrimination, a prospective employer can ask for your age or date of birth when you apply for employment.

Westchester County Human Rights Law Chapter 700 also prohibits employment discrimination based on age when the conduct occurs in Westchester County. The county law has no lower age limit for an age discrimination claim and covers employers with four or more employees. The Westchester County Human Rights Commission accepts discrimination complaints and identifies age as a protected class.

Filing an Age Discrimination Claim

The available filing paths depend on the employer, the applicable law, and the circumstances of the alleged discrimination. The Equal Employment Opportunity Commission (EEOC) enforces the ADEA and investigates charges against covered employers.

An employee generally must file a charge with the EEOC before pursuing a federal age discrimination lawsuit. In New York, that charge is typically cross-filed under a worksharing agreement, meaning it is also sent to the New York State Division of Human Rights.

A person may instead file a complaint directly with the New York State Division of Human Rights or bring a state-law lawsuit in New York State court. The appropriate path depends on the facts, available claims, and prior filings.

Explore Your Options with an Age Discrimination Lawyer in Westchester County

At Phillips & Associates, PLLC, we represent clients with age discrimination claims under federal, state, and county laws. We represent workers and don’t defend employers or corporations. We handle these cases on a contingency-fee basis, meaning we receive a fee only if we secure an award or settlement.

If you believe that you have been mistreated in the workplace or as a job applicant due to your age, contact our Westchester County team at (866) 229-9441 or through our online form to set up a free consultation. We represent people in communities such as Yonkers, Mount Vernon, New Rochelle, and White Plains.