Brooklyn Age Discrimination Attorney

Many older workers have trouble finding and maintaining employment. Sometimes, this is because they lack the required skills or are not a good fit for the position. In other situations, it is because employers make assumptions about their abilities based solely on their age. When an employee is not hired or fired because of their age, an employer can find themselves facing litigation over age discrimination.

An experienced Brooklyn age discrimination attorney can evaluate your case and explain how they can help. Contact Naidich Law for a free and confidential consultation.

What Is Age Discrimination in Employment?

Age discrimination occurs when an employer makes an employment decision based on the applicant’s or employee’s age rather than their skills or other qualifications. This includes decisions regarding hiring, promoting, demoting, job assignments, offering training opportunities, firing, or any other decision that affects the terms or conditions of their employment.

The United States Equal Employment Opportunity Commission (EEOC) reports that more than six out of ten workers aged 45 and older have seen or experienced age discrimination in the workplace, with 90 percent of these workers saying that the discrimination is somewhat or very common. More than three out of four older workers report that age was an obstacle for them in finding a job. In 2022, there were 11,500 reports of age discrimination made to the EEOC, down from a high of 24,582 in 2008.

Some examples of possible age discrimination in the workplace include:

• An employer assumes that an older applicant does not have the required skills and does not review their resume when hiring.
• A company uses advertising that asks for young workers to apply.
• A company steers valuable accounts to younger employees.
• An employer invites younger employees to events to attract or work with clients while excluding older workers.
• Older workers are excluded from training programs.
• Age-based jokes are allowed in the workplace.
• An employer gives a younger, less qualified worker a promotion over a more qualified, older worker.
• A company downsizes but only lays off older employees.
• A company fires an older worker and replaces them with a younger worker.

Each case is different and depends on the specific facts of the case. An experienced age discrimination lawyer can review your situation and provide targeted legal advice and representation.

New York Law on Employment Age Discrimination

While many states’ employment discrimination laws only apply to employers with 20 or more employees, New York law prohibits employers, regardless of size, from committing age discrimination in the workplace. The law also protects independent contractors. Specifically, these laws pertain to workers aged 40 or older.

There is an exception under the law that allows employers to disqualify individuals from certain jobs when the age limitation is necessary to perform the duties safely. However, age is rarely a justified reason to discriminate against employees.

Contact an Experienced Brooklyn Age Discrimination Attorney for Legal Advice and Representation

If you believe you were discriminated against because of your age, reach out to our law firm for help. At Nadich Law, our Brooklyn age discrimination attorney intentionally limits the number of cases he takes on so each client receives the personalized attention they deserve. Learn more about how we can help when you contact us for a free, no-obligation case review.