Proving Workplace Age Discrimination in New York
Age discrimination affects millions of workers every year. New York offers some of the strongest protections against workplace age discrimination. Protect your rights and learn how to prove age discrimination in the workplace
What is Age Discrimination?Age discrimination occurs when an employer treats a job applicant or employee less favorably because of that person's age. Under federal law, employers cannot discriminate against any worker age 40 or older because of their age. New York state protects all workers from age discrimination, regardless of their age.
What does that mean in practice? Employers cannot refuse to hire someone because of their age. They also cannot fire older workers because of their age or refuse to promote someone because of their age.
Age Discrimination in the Workplace ExamplesAge discrimination can take several forms. A company might choose to hire a younger job applicant because they believe he will be more committed to his job than an older applicant. An employer might refuse to pay for an older employee to get job training because she's close to retirement age. Or a company might fire older workers during layoffs.
If your employer treats you less favorably than other employees because of your age, you have legal protections.
How To Prove Age Discrimination in the WorkplaceProving age discrimination can be difficult. After all, most employers don't say "I'm firing you because you're too old," or "I'm not promoting you because you're too young." So how do you prove age discrimination in the workplace?
The first step is collecting evidence. Keep copies of performance evaluations, messages from your boss, or company memos explaining layoffs. Save any emails or written messages stating the company's reason for not hiring you. If you were denied a promotion or fired, write down what your supervisor said about the company's decision.
How To Build a Strong Age Discrimination CaseIn addition to collecting any written evidence of age discrimination, you can strengthen your age discrimination case by finding witnesses. Coworkers who heard your supervisor's discriminatory statements can testify on your behalf. You can also make a list of potential witnesses to the discrimination.
An employment lawyer can help you identify other evidence for your case.
When To Contact An Age Discrimination LawyerIn New York, age discrimination can harm workers of any age. You might get denied a promotion because you're "too close to retirement age" or not hired because you're "too young for the responsibility." Unlike federal age discrimination laws, which only protect workers age 40 or older, New York state protects all workers from discrimination on the basis of age.
If you've experienced age discrimination, or you believe age discrimination has harmed you at work, contact an age discrimination lawyer. An attorney can advise you on the best evidence for your case, how to file a claim or a lawsuit, and the potential damages your employer owes because of the age discrimination.