Discrimination based on age is illegal in the workplace. Statistics indicate that most workers face prejudice in the workplace based on their age. For that reason, the state of New York has come up with a number of laws aimed at improving the welfare of older workers and protecting them from unwarranted discrimination. Unfortunately, most workers who face discrimination at the workplace are those who are aged 40 years and above.
Laws Protecting Workers from Discrimination
New York City Human Rights Law and New York State Laws protect older staff members from being discriminated against. Similarly, the ADEA of 1967 also offers the same provisions. To better advocate for the rights of older employees, ADEA was amended in 1990 to offer more rigorous protection for older staff members. The amendment was done using the Older Workers Benefit Protection Act (OWBPA). Under the new amendment, employers are barred from withholding benefits provided to younger employees from their older counterparts.
How Age Discrimination is Propagated
If you have suffered form age discrimination at your workplace, never hesitate to forward your complaint to an age discrimination lawyer in New York. Although discrimination may be perpetuated in a very subtle manner, you should make an effort to contact an age discrimination law attorney new york ny to highlight your woes and seek redress.
Below are some of the ways through which age-based employment discrimination may take place:
- Forcing an older worker to retire
- Promoting a younger employer and overlooking the younger one
- Barring older workers from attending training
- Shying away from hiring someone due to his/her age
- Always making comments about the need for having ‘youthful energy’ or ‘fresh faces’ in the office
Apart from the above examples of age-based discrimination, the vice can also surface in other ways. For instance, the older worker may be routinely threatened with being fired if he/she fails to tender their retirement letter. Furthermore, age discrimination may also present itself when the boss displays preference for younger workers compared to the older ones. Such may be noticed when the boss gives younger staff members the best job opportunities or consistently socializes with the younger generation.
Documents Needed to Prove Age Discrimination and Seek Legal Representation
When you fall victim to age discrimination, you’ll need to avail certain documents to your attorney before starting the process of representation. Below are some of the documents you’ll need:
- Forms submitted to the EEOC or the Unemployment Office- your attorney needs to ask the organization for memos, internal complaints, computer files or letters that you authored.
- You should look for the documents stipulating the factors to be considered when laying off an employee. The defendant must also provide performance evaluations and statistical data of other workers which he/she relied on to lay off an employee.
Despite the existence of laws that prohibit age discrimination, exception exists when an employer can disqualify an employee from specific jobs. However, under such circumstances, the employer should indicate that the age limitation is truly necessary to be applied under such conditions. In most occasions, age is rarely a legitimate factor for discrimination.