New York City Age Discrimination / New York City Age Harassment
Age discrimination is when your employer makes decisions based on your age and not on your skills, qualifications, or how well you do your job. Your rights are protected by Federal, New York State, and New York City laws making age discrimination by employers illegal. Both New York State and New York City laws cover more cases than federal law alone. If your workplace has four or more employees, you are protected by the New York City Human Rights Laws against Age Discrimination and/or Age Harassment.
The Law prohibits Age discrimination in:
- Hiring, firing, and work assignments
- Performance evaluations
New York City Age Discrimination Law prohibits your employer from discriminating based on age including making statements, asking questions during interviews, or circulating job announcements that suggest a preference for or prejudice against individuals based on his or her age under the Law.
Under Federal laws the EEOC enforces laws against Age Discrimination
The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are forty or older. It does not protect workers under the age of forty, although some states do have laws that protect younger workers from age discrimination if an employer has twenty or more employees.
Not every situation is considered illegal. For instance, an employer can favor an older worker over a younger one, even if both workers are age forty or older. However, discrimination can occur when the victim and the person who inflicted the discrimination are both over forty.
New York Age Discrimination and Work Situations
Just like the New York City age discrimination laws, the ADEA forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
New York Age Discrimination/Harassment
It is also unlawful to harass a person based of his or her age.
Harassment can include offensive remarks about a person’s age. For those with thin skin, the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not serious. Age related harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision such as when the victim of age related discrimination is fired or demoted.
Harassment is not limited to just the victim’s manager; the AEDA also prevents harassment by a supervisor in another area, a co-worker, or someone who is not even an employee of the victim’s employer, such as a client or customer.
New York Age Discrimination and Employment Policies/Practices
The law extends to employment policies or practices that may seem neutral on their face but in application that are supposed to apply to everyone, regardless of age, but can still be illegal if the policy or practice has a negative impact on applicants or employees age forty or older and is not based on a reasonable factor other than age.
Contact the Law Offices of Patel and Soltis to discuss your age discrimination case.