Age Discrimination
The law protects individuals who are 40 years of age or older from employment discrimination based on age. It is unlawful to discriminate against an employee or a job applicant because of his or her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
Age discrimination may occur under many different circumstances, a few examples of which may include the following:
Before you were fired, forced to resign, or forced to retire, your employer made age-related remarks about you to you, or to others, or in your job evaluations, which caused you to believe that your age played some role in the employment decisions made against you.
- Your employer complained that you are too old, that you aren't flexible in taking on new projects, that you lack the ability to learn new skills, that you are over-the-hill, that the company wants vigor, energy a youthful and new approach that you lack.
- You were refused a job, you were passed over for a well-deserved promotion or raise, or you were fired because the employer wanted a younger person for the job, or because your employer wanted to create a youthful image with new blood.
- You company laid off mostly older workers while retaining younger workers, even though the terminated older workers performed effectively, received good evaluations, and have more experience.
- Your employer promotes and provides more promising positions to younger employees as compared to older employees, not based on competence or performance, but because the employer wants a more vigorous or aggressive image.
- Your employer makes it clear that some positions require younger personnel, even though those of age have performed effectively in those positions.
- Your employer compensated younger employees with less skills and experience at a higher level than that of older employees with more skills and experience.
- Your employer is removing older employees and replacing them with younger employees.
If you are being discriminated against in your workplace, attorneys at Schwartz & Perry will be pleased to meet and discuss your concerns with you. There will be no charge for the initial interview, where we determine whether we believe we can help you, and for you to determine whether you wish to invite us to do so. Call us now at 212-889-6565 or contact us online.
New York Employment Lawyer Blog: Age Discrimination
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