The United States government has taken broad legislative measures to try
to ensure that everyone is treated fairly while at the workplace or within
the field of employment opportunity. There are a handful of federally
protected classes that are meant to be immune from on-the-job discrimination,
such as gender, race, and religious creed. What many people do not realize
is that age is also a federally protected class, and that age discrimination
happens all around the country every day. Oftentimes, it comes in subtle
displays, such as a boss asking an older employee to retire or refusing
to train them new skills, but it is no less troublesome.
According to the U.S. Equal Employment Opportunity Commission (EEOC), anti-age
discrimination laws apply to any person over the age of 40. While the
law primarily is meant to prevent harassment, it is also supposed to bar
age from becoming a factor of consideration in regards to:
- Pay changes
The important thing to remember is that no one’s behavior or position
can strip you of your rights. If you think you are being presented with
an unbalanced workplace experience simply because of your age, you need
to take legal action to correct it.
What to Do If You Are Facing Age Discrimination
Speak up: Your claims will be difficult to back if you never say anything about it
to anyone. Let your employer know what is going on and that you do not
welcome the behavior. If your employer
is the one harassing or mistreating you, you may want to consider bringing
the matter to the attention of their supervisor or the human resources
(HR) division of your company.
Be serious: You can request that your employer make an official written report every
time you encounter discrimination. You can also tell them that you expect
there to be an investigation into the matter regarding what you have told them.
Create a log: Any time you feel like you are being harassed due to your age, jot down
the details of the event as soon as you can. Include time, date, location,
people who were there, what was said, etc. Later, if your entries coincide
with another’s investigation, you will have created powerful evidence
that can be used to your advantage.
Gather documentation: If you can get physical copies of anything that hints towards the age discrimination
you are dealing with, hold onto them. This includes obtaining a copy of
your company’s employee handbook, specifically the anti-discrimination
section. If this section does not exist, this may raise a red flag.
Lastly, you should always retain a professional attorney as soon as possible.
Once you get one of our New York employment discrimination lawyers from
Schwartz Perry & Heller LLP on your side, you can enjoy peace of mind in
knowing that a highly-experienced and genuinely compassionate legal advocate
is there to protect your rights on your behalf. We focus entirely on
employment law and have accrued
dozens of 5-star client
testimonials throughout the years of our practice.
Call (888) 905-4091 for your
free consultation today.