Age Discrimination is Alive and Well in the Workplace

Bob’s company is suddenly laying off workers who are 50 years old or older despite their stellar employee performance reviews and replacing them with recent college graduates. Bob will be turning 50 next week and is a little nervous about his future with the company.

Janet knew she aced the interview and was more qualified than her younger competitors. However, she did not get the job. She felt the 30-year-old interviewer was analyzing every wrinkle on her face and counting every gray hair sprouting from her head to disqualify her from the job offer. Are the individuals in our scenarios victims of age discrimination? They could be.

Age Discrimination in the Workplace Still Occurs Often

According to the Bureau of Labor Statistics, 58% of adults believe age discrimination for older workers happens around the age of 50 while 64% of employees say they have witnessed or experienced age discrimination in the workplace. Indeed, there are corporate environments that hire young managers with a primary task of weeding out older workers or, at least, making work life so uncomfortable they pack their own bags and leave. However, older workers should know their rights and think twice before handing over their keys and exiting the building.

You do not necessarily have to leave the company before filing a discrimination complaint with the US Equal Employment Opportunity Commission (EEOC). You can file a charge of discrimination while still employed by the company. A qualified attorney can answer your questions and help you understand the best options for your case. Older workers need to remember there is a federal law that protects them, called the Age Discrimination in Employment Act (ADEA).

What Is the Age Discrimination in Employment Act?

ADEA is a federal law enacted in 1967 that protects older workers against age discrimination in the workplace. Employment should be based on ability rather than age. Older workers can view www.eeoc.gov/facts/age.html to learn more about the facts of ADEA and how the law can help them in their fight against age discrimination. According to recent data from the EEOC, many older workers have filed and resolved complaints under ADEA.

Often older workers are subject to age harassment aimed at removing them from their positions with a forced retirement. As a result, younger candidates will move into those vacated positions. Older workers may also experience position based discrimination. This happens when older workers do not get a promotion and younger employees with less experience get the promotion at a lesser compensation or salary.

In order to establish age discrimination under the ADEA, one must demonstrate the following:

  • Must be between the ages of 40 and 70
  • Exposed to adverse employment actions
  • Replaced by a younger individual
  • Qualified to perform the task or job

Under Federal & New York State laws, discrimination occurs when you are treated differently in a way that causes an adverse impact to you, based on your race, gender, age, disability, religion, national origin, political, affiliation or belief, genetics, arrest and conviction record, marital status, genetic, predisposition and carrier status, veteran status, sexual orientation, or retaliation.

Age Discrimination Representation in New York City

If you believe you are a victim of age discrimination or feel an employer has violated your rights, please contact the Law Offices of Joseph & Norinsberg. Their NYC age discrimination lawyers will provide an honest assessment of the strengths and weaknesses of your case. If your case merits going to court, the attorneys at the Law Offices of Joseph & Norinsberg will work diligently to help you find the justice you deserve. Contact the Law Offices of Joseph & Norinsberg at (212) JUSTICE or at info@employeejustice.com for a free initial consultation.

2020-11-10T21:51:43+00:00March 28th, 2016|Age Discrimination|

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.
Ysaac G
Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved. 
D.F.
To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!
Karleen L.
This was the first and hopefully my last lawsuit and the process wasn’t what I thought.  The patience shown to me (even when I became frustrated) was great.  Everyone showed respect, sensitivity, and I’d recommend the firm to everyone.  Losing my job set me behind on several bills, but I can now pay them.  The situation I went through will help me going forward. 
Isaiah B.
I had an excellent experience with the firm and with Bennitta Joseph as my attorney. Everyone I dealt with was extremely courteous, friendly and very helpful. The settlement will help me financially as I look for a job.
Kate P.

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