Age discrimination refers to the unfair treatment of a worker based on their age instead of on their qualifications and skills. The Age Discrimination in Employment Act (ADEA) of 1967. Those who are age 40 and older are protected from employment discrimination based on age. The protection applies to employees and job applicants. Age discrimination is prohibited in any term, condition, or privilege related to employment. It applies to private employers who have at least 20 employees. Employment Discrimination Lawyers in Queens NY can give victims of age discrimination good legal representation to ensure they get the justice and compensation they need. A good attorney will determine if a client has a strong case.
How Age Discrimination Works
When hiring new workers, employers can require the age of applicants for a bona fide occupational qualification. Thus, employers should show that age is essential to their operations. Also, they have to steer clear of the more subtle forms of possible age discrimination. They can be guilty of discrimination if they consider the age at which a possible employee graduated to eliminate one.
New York State and New York City human rights laws cover more cases than ADEA. These laws apply to more employers and prevent age discrimination even if a person is under 40 years old. In New York State, employers are prohibited from hiring, firing, or making other employment decisions based on age while employers with at least four employees are prohibited from doing so in New York City.
Examples of Age Discrimination
Age discrimination laws recognize that age can disqualify a person from certain jobs. However, the employer should prove the age limitation is truly essential for the performance of the duties of the position to be filled. Every case is unique and the facts of a case will determine whether a person is a victim of age discrimination. Examples of potential age discrimination include the following:
- Laying off people age 40 or older as the company downsizes.
- Getting great reviews and getting laid off or replaced with a much younger, less experienced person.
- Giving promotions only to less qualified, younger employees.
- Not letting older employees attend training programs.
- Giving valuable clients or accounts to younger employees.
- Not hiring an employee because of their old look.
- Firing an older employee because of a decision to go for a more youthful image.
- Not including older workers in strategic meetings where younger employees take their place.