AGE DISCRIMINATION LAWYERS | EMPLOYMENT DISCRIMINATION IN NEW YORK and NEW JERSEY
Our Age Discrimination Attorneys Upholding the Age Discrimination in Employment Act for NY and NJ employees
Illegal employment discrimination in the form of age discrimination occurs when employers evaluate job applicants or employees based on their age, and not on their skills, experience, or job performance. Unfortunately, age discrimination is one of the most serious problems facing employees over the age of 40 today. Workers may feel demoralized by hiring managers’ preferences for younger workers, who may be deemed “faster learners” or “more up-to-date.” These views are often incorrect; not only are many older workers also fast learners and “up with the times,” they tend to have more experience and broader skill-sets than their younger counterparts.
Victims of age discrimination should know that they are protected by a number of city, state, and federal laws. If you believe that you have experienced illegal age discrimination on the job search or in the workplace, contact one of the age discrimination lawyers in New York City, NY or one of the age discrimination attorneys of Newark, New Jersey at the Akin Law Group by calling (212) 825-1400. Our age discrimination lawyers will help you better understand your rights and help you formulate an effective plan for a just resolution in your age discrimination claim.
The Age Discrimination in Employment Act of 1967 (ADEA)
The ADEA is a federal law that protects job-seekers and employees of over 40 years of age from age discrimination. Under the ADEA, it is unlawful to discriminate against a person because of his or her age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training. The ADEA permits employers to favor older workers based on age even when doing so adversely affects younger workers. Under the ADEA a grieved employee can recover economic damages (back-pay), punitive damages and attorneys’ fees; however, there is no recovery for compensatory damages (emotional damages).
New York laws provide more protections for victims of Age Discrimination than the ADA. | New York City Age Discrimination Lawyers
The New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) provide broader protections for older workers than federal law. Whereas the ADEA only applies to employers with 20 or more employees, the NYSHRL and NYCHRL make it illegal for employers with 4 or more employees to discriminate based on age. The state and city laws also protect workers in a broader age range. It may be easier to win an age discrimination case under NYCHRL than ADEA, as the local law requires only that the complainant prove that age was “a motivating factor” in an adverse employment action.
Because the NYSHRL and NYCHRL provide broader protections for workers, victims of age discrimination in New York City should seek a age discrimination lawyer knowledgeable in city, state, and federal laws. The age discrimination attorneys at Akin Law Group have extensive knowledge in all areas of employment law, and are ready to apply their skill set to maximize your chances of success. Call us today at (212) 825-1400 to schedule a free consultation on your age discrimination EEOC claim or lawsuit.
New Jersey laws provide more protections for victims of Age Discrimination than the ADA. | New Jersey Age Discrimination Lawyers
In New Jersey, the Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (NJLAD), is the statute that prohibits age discrimination in employment. Like New York, New Jersey laws provide more protection for victims of age discrimination, but in a different. Unlike the ADA, which only applies to workers 40 years of age and older, New Jersey sets no age requirement for protection. So long as you are being discriminated based on your age, (i.e. that another employee is being preferred simply because he/she is younger) than you may have a right to a recovery in your age discrimination case.
In addition to setting a lower age threshold, New Jersey also provides broader relief. Unlike the ADA, in New Jersey all workers who prevail in an age discrimination claim may also be compensated for non-economic losses such as emotional and psychological damages (pain and suffering) and punitive damages (an award made against the employer for punishment), which are not allowed under the ADA.
If you are an employee in New Jersey who is being discriminated based on your age, regardless of what that age may be, call one of the New Jersey Age Discrimination lawyers at the Akin Law Group and have our age discrimination attorneys fight for your rights as an employee in New York and New Jersey.
What are some Examples of NY & NJ Age Discrimination? | Age Discrimination
Age discrimination can take many forms, both overt and subtle. Here are a few examples of unlawful age discrimination:
- An employer pays a higher salary to younger employees with less or similar skill compared to older employees despite all performing the same duties;
- An employer tries to cut costs by firing only the older workers (the claim that the employer targeted employees based on salary and not age is not acceptable);
- Your company is downsizing, but most of the employees being laid off are those over the age of 40;
- Your boss constantly asks about your retirement plans and/or ask, aren’t you retiring yet?
- Your employer calls you or refers to you with names such as “old man” or “the dinosaur;”
- An employer provides job training for younger employees but not for older employees;
- Older employees are disciplined for certain things while younger employee are allowed to do them;
- Although you have excellent performance reviews, you are passed over for promotions in favor of younger colleagues;
- You apply for a job and are rejected. Later, you find out that the employer exclusively hired individuals under the age of 30;
- You are treated differently at work after you hit a certain age milestone (like age 60);
- After reaching a certain age, you start to receive all negative performance reviews although the quality of your work has not actually changed;
- You always got great reviews yet, you are laid off and replaced with a much younger, less experienced person;
- The company only allows younger employees to attend training sessions;
- You constantly hear, “we want a more youthful image” or “we need young blood in the company”
These examples are just a small sample of the wide range of possible instances of age discrimination. It may not always be easy to determine whether an incident might be considered unlawful in court. If you are not sure about whether a situation you experienced constitutes illegal age discrimination, contact one of our lawyers for information and legal advice.
One common misconception is that a supervisor or boss has to be younger than the victim in order for an incident to qualify as illegal age discrimination. However, even if the supervisor is older than the victim, they may still be found guilty of age discrimination if they favor young employees to the detriment of older employees.
Keep a record of discriminatory incidents of Age Discrimination
Most employers avoid overt displays of age discrimination, as they are aware of the legal ramifications. This does not mean that victims of more subtle forms of discrimination cannot fight back against those who wronged them. Because subtle forms of discrimination do not involve obvious displays such as termination and demotion, victims should take care to keep an accurate and detailed record of events. Doing so may help them build a strong case against an employer who is guilty of age discrimination. Several things that victims of discrimination may want to record are:
- The dates and times of discriminatory incidents
- Details of what was said or done by the involved parties
- The context of the situations
- Discrepancies in the employer’s treatment of younger and older workers
- The names of fellow employees over the age of 40 who were targets of discrimination
A coherent and detailed record may greatly increase the chances of your success if you decide to file a lawsuit. However, if the discriminatory incidents are no longer ongoing and you did not keep a record of events, do not worry – you may still have a valid claim. Contact the Akin Law Group as soon as possible to find out what you can do to maximize your chances of recovering damages.
Retaliation is unlawful | New York & New Jersey Age Discrimination Attorney
Many workers are afraid to speak out about their employers’ discriminatory activity because they are afraid of retaliation. However, it is unlawful to retaliate against an individual for opposing discriminatory employment, filing an age discrimination charge, or participating in any way in a discrimination proceeding.
Once you file a discrimination complaint, your employer’s behavior will be closely monitored for signs of retaliation. Employers who commit retaliation are often liable for considerable sums of money in court. If your employer has retaliated against you because you reported age discrimination in the workplace, contact us as soon as possible for legal help.
Do not let the fear of retaliation hold you back from filing an age discrimination complaint. Discrimination cases are time barred, and too much hesitation could cause you to miss the deadline for filing a complaint. Once the time limit has passed, your claims will no longer be seen as valid in court.
Schedule a free consultation with an employment discrimination attorney today
If you feel you have suffered employment discrimination because of your actual or perceived age | Pregnancy | Criminal Conviction | Disability | Gender | Race | Religious | National Origin | Sexual Orientation | the employment discrimination attorneys at the Akin Law Group are here to help. You can review your case with one of the age discrimination attorneys at the Akin Law Group in confidence. Whether your goal is to negotiate a settlement, file an administrative complaint with the Equal Employment Opportunity Commission (EEOC), the New York Human Rights Commission (NYHRC), the New Jersey Division on Civil Rights (DCR), or take your case to Court, the Akin Law Group is the employment discrimination firm you want on your side. Our Age Discrimination Attorneys have the passion, the skill, the knowledge and the determination to ensure that you and your family recover all that you deserve. The employment discrimination attorneys at the Akin Law Group are available for your call seven days per week. Call today for your free and confidential consultation at (212) 825-1400.