New York City Age Discrimination Lawyers

Has an Employer Treated You Unfairly Because of Your Age? We Can Help

Older workers often face an uphill battle to remain employable in the job market. Rather than view older workers as a source of invaluable experience, far too many New York City employers see them as a costly burden. In many industries, particularly those related to technology, there is a demonstrable bias in favor of younger–and less-expensive–workers. This in turn leads to a number of discriminatory employment practices.

Age discrimination is illegal. Indeed, New York City has some of the strongest laws against age discrimination in the United States. So if you have faced an unfair or unfavorable treatment from a NYC employer based on your age, you do not have to accept it without a fight. The New York City age discrimination lawyers at Carey & Associates, P.C., can represent you in seeking financial compensation and other damages against any employer who has denied you an employment opportunity for illegal reasons.

Federal vs. New York City Definitions of Age Discrimination

The federal government, New York State, and New York City all have laws forbidding age discrimination with respect to employment. But these laws differ in coverage. The federal statute, the Age Discrimination in Employment Act of 1967 (ADEA) only covers age discrimination affecting workers and job applicants who are ages 40 and older. In contrast, both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) have no such restriction. The NYSHRL protects all workers who are ages 18 and older, while the NYCHRL protects workers of all ages.

It is also important to note that not every New York City employer is covered by every age discrimination statute. The ADEA only covers employers who have 20 or more employees for each working day for at least 20 calendar weeks during the current or previous calendar year. The NYSHRL and NYCHRL only require a covered employer to have at least 4 employees.

What Qualifies as “Age Discrimination” in New York City?

As with other forms of employment discrimination, age discrimination broadly refers to any action by an employer that treats an employee or job applicant less favorably on the basis of age. This covers both direct and indirect acts of age discrimination. Here are a few examples of the types of age discrimination we see with our clients:

• An employer posts an advertisement seeking job applicants. The post indicates the employer prefers “younger workers” or members of a particular age group such as “recent college graduates.” Alternatively, the post uses language that could be seen as discouraging applicants from a certain age group to apply.
• In screening job applications, the employer uses any method or process designed to exclude older applicants. This includes using a computer algorithm or “artificial intelligence” to screen for key words and phrases that might suggest the applicant belongs to a certain age group.
• When hiring applicants, the employer uses age-related factors or stereotypes in making a final decision. An employer’s pattern of conduct is often a relevant consideration. For example, if an employer routinely hires younger workers to the exclusion of older applicants, that can support a claim for age discrimination even if the employer never explicitly states it considered age in making any specific hiring decision.
• Age discrimination also covers perceptions. For instance, under the NYSHRL and NYCHRL an employer cannot refuse to hire someone because they “look too young” for the position regardless of their actual age.
• Age-based harassment in the workplace is also a form of discrimination. This includes using derogatory language when referring to a worker’s age or perceived age. It can also apply to situations where managers afford a worker or group of workers less favorable treatment in work assignments and opportunities based on age.
• If an employer needs to lay off workers, it may not disproportionately target older workers unless there is a legitimate non-discriminatory reason.

When Do You Need a New York City Age Discrimination Lawyer?

If you have been the target of age discrimination by a current, former, or prospective employer, it is imperative that you take immediate action to assert your legal rights. Our New York City age discrimination lawyers can review your case and advise you on the best course of action. You may be entitled to seek financial compensation from an employer who has broken the law.

Call Carey & Associates, P.C., today at (914) 705-5427 to schedule a free initial consultation.