Unfortunately, age discrimination is all too common in the workplace. People fall victim to age discrimination every day as it can occur in many different ways. Often, employees are passed up for promotions, suffer unwarranted harassment, or are denied employment due to their age. Regardless of the tactics employed, it’s crucial to understand that laws protect employees from such actions. However, proving a discrimination case based on age is not always straightforward. If you believe you have been the victim of age-based discrimination, it’s in your best interest to contact a knowledgeable New York Age Discrimination Lawyer who can help protect your rights.
What Laws Protect Employees Against Age Discrimination?
The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that is enforced by the Equal Employment Opportunity Commission (EEOC) that prohibits discrimination against applicants and workers who are 40 years of age or older. Essentially, it’s forbidden for employers with 20 or more employees to discriminate in hiring, promotion, discharge, compensation, or terms of employment.
Under New York state law, employers of all sizes are prohibited from making employment decisions based on age and New York City law prohibits employers with four or more employees from making employment decisions based on age, even for employees who are under 40 years of age. It’s important to note that these protections are extended to independent contractors.
How Can I Prove My Case?
As mentioned above, instances of age discrimination in the workplace can range from subliminal to explicit. Regardless of the specific incident of age discrimination, it’s crucial to gather evidence that can support your claim. If a co-worker or supervisor makes derogatory or offensive remarks about your age, contributing to a hostile work environment, you must take note of this information. If you are experiencing harassment in the workplace, you must document each instance, including the date, time, type of harassment, and who was the perpetrator. In addition, you should file a report to your company’s human resources department.
If you have been experiencing unexplained or unfair disciplinary measures at work, this could be an indication of age-based discrimination. You should keep and secure all documentation regarding any disciplinary actions against you that can prove your employer targeted you because of your age. It’s also important to keep tabs on decisions made by your superiors. This includes whether you were passed up for a promotion that you deserved, replaced by a significantly younger person, or a policy that detrimentally impacted or targeted older workers was implemented. While it can be difficult to prove, you should collect direct evidence. If you receive emails or letters that directly reference your age, you should keep track of them and any other evidence that can be used to prove your claim.
As an employee, you have a right to equal treatment in the workplace, regardless of your age. At Bell Law Group, PLLC, we are prepared to help you navigate your legal options if your rights have been violated in any way. Connect with our dedicated legal team today to learn how we can fight for you.
