Workplace Age Discrimination Lawyer in New York City
RECOVERED
- Age discrimination occurs when employees are treated unfairly due to their age, such as being passed over for promotions or subjected to offensive comments.
- NYC, New York State, and federal laws protect workers from age-based discrimination and provide avenues for filing claims.
- Victims should document incidents carefully and act quickly, as strict statutes of limitations apply for filing claims.
- Joseph & Norinsbergโs experienced attorneys guide clients through consultations, evidence collection, claims filing, and potential settlements or court cases.
- The firm has a proven track record of achieving significant compensation for clients facing age discrimination in NYC workplaces.
Age discrimination can put your career, financial security, and professional reputation at risk. You may be passed over for a promotion or treated as though your experience no longer matters simply because of your age. That is not something you should have to accept. An experienced New York City workplace age discrimination lawyer can protect your career.
At Joseph & Norinsberg, our trial lawyers bring more than 100 years of combined experience standing up for employees and fighting to protect their rights. Our workplace discrimination lawyers in New York City will make your voice heard.
Table of Contents
- Why Choose Joseph & Norinsberg as Your NYC Age Discrimination Lawyer?
- What Is the Statute of Limitations for Age Discrimination in NYC?
- Signs and Forms of Age Discrimination
- What Is the Age Discrimination Law in NYC?
- What To Do if You Are Being Discriminated Against Because of Your Age in the Workplace
- Steps Involved in Pursuing an Age Discrimination Case in NYC
- FAQs
- Contact a New York City Age Discrimination Lawyer Today!
Compassionate New York Workplace Age Discrimination Attorneys
When you hire our New York City employment lawyers at Joseph & Norinsberg, youโll work with empathetic professionals who devote their total attention to your case. Weโll start with a comprehensive claim evaluation and advise you on your legal options, including the damages you may be entitled to.
As we navigate the legal process, weโll prepare a solid case that demonstrates how your employerโs actions adversely impacted your career and earnings potential. Weโll aim to get the justice you deserve and compensation for the losses youโve suffered.
Testimonials From Our Discrimination Clients
We are particularly proud of the unsolicited testimonials we often get from satisfied clients, including the following:
Understanding the Age Discrimination Law in NYC
If youโre the victim of NYC age discrimination, you may have a claim at federal, state, and city levels. Our attorneys will evaluate your case and determine the appropriate channels, courts, and agencies to file your case and seek compensation.
Three primary laws prohibit age discrimination at the federal, state, and local NYC levels:
Age Discrimination in Employment Act
The Age Discrimination in Employment Act is a federal law enforced by the EEOC that applies to private employers with 20 or more employees and local, state, and federal government agencies. It forbids employers from discriminating against employees aged 40 or over in all employment activities, including:
- Hiring
- Firing
- Layoffs
- Compensation and benefits
- Job assignments
- Training opportunities
New York State Human Rights Law
The New York State Human Rights Law bars age discrimination for individuals 18 or older. It applies to all New York employers and prevents them from discriminating against applicants or employees in hiring, promotion, or termination activities. The law also prohibits employers from retaliating if an employee files an age discrimination complaint.
New York City Human Rights Law
The New York City Human Rights Law closely mirrors state law. NYC age discrimination laws prohibit employers from discriminating against job applicants and employees based on their age in matters concerning compensation, hiring and firing, promotions, and conditions and privileges of employment.
The Statute of Limitations for Age Discrimination Cases in NYC
If you think you have a valid age discrimination claim, youโll need to file your claim within the statute of limitations. Several regulations govern age discrimination, each with a separate time limit.
Federal Claims (ADEA)
The Age Discrimination in Employment Act, or ADEA, is a federal law prohibiting age discrimination against individuals aged 40 or older. In New York, you generally have 300 days to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC).
You can generally file an ADEA lawsuit in federal court after 60 days have passed since filing your charge, without waiting for the EEOC to finish its investigation. However, if the EEOC notifies you that it has concluded its proceedings, you must file your lawsuit within 90 days of that notice.
State and City Court Lawsuits
Under the New York State and New York City Human Rights Laws, victims generally have three years from the discriminatory act to file a lawsuit in New York State Supreme Court.
State Administrative Complaints (DHR)
New York State also extended the deadline for filing administrative complaints with the New York State Division of Human Rights (DHR). For acts of discrimination that occurred on or after February 15, 2024, victims generally have three years to file a complaint with the DHR.
For acts that occurred before that date, the deadline is generally one year, except for certain claims, such as qualifying workplace sexual harassment claims, that already had a longer filing period
What To Do if You Are Being Discriminated Against Because of Your Age in the Workplace
Age discrimination often starts subtly but can quickly snowball if not addressed swiftly. Proving age discrimination in the workplace is also notoriously hard, as many signs of it are subtle. If you notice signs of age discrimination, take these steps.
Understand the Law
Review and understand federal, state, and local age discrimination laws. Federal law pertains only to employees aged 40 or over, while New York laws protect younger and older workers.
Remember that offhand comments about your age may not constitute age discrimination. Also, some occupations have age restrictions based on safety concerns or other factors. If you work in one of those occupations, you may be restricted from working past a certain age, but it doesnโt constitute age discrimination.
For example, FAA regulations generally prohibit airlines such as New York-based JetBlue Airways from employing pilots in covered commercial airline operations after they turn 65.
Document Instances of Age Discrimination
If you notice a trend in age-related comments or experience a hostile work environment, start documenting each occurrence. Note the day and time of each discriminatory comment, who made it, and the names of any witnesses. Write what the person said and describe how it made you feel.
If youโre denied a job or a promotion, keep copies of any emails or other materials related to the denial. Similarly, retain notices of layoffs or terminations. You should also keep notes of any conversations with managers or colleagues, particularly if they make age-related references.
Seek Legal Counsel
There is a short window of opportunity to file an age discrimination claim. If you wait too long, you may lose your chance to seek full compensation. Schedule a legal consultation as soon as possible so an attorney from Joseph & Norinsberg can review your case and determine your options.
Steps Involved in Pursuing an Age Discrimination Case in NYC
There are typically three basic steps to taking action in an age discrimination case in NYC.
Schedule a Legal Consultation
Our NYC age discrimination attorneys understand federal, state, and local laws. We can evaluate your case and represent you in a claim. Speak with our attorneys as soon as possible so we have every opportunity to gather evidence and prepare the legal process.
Assemble Evidence and File a Claim
Our workplace age discrimination attorneys in New York City will ask you for any supporting documentation you have for your case. After submitting it, we may investigate further by contacting witnesses or speaking with employment experts.
Once your lawyer has all the evidence to support your claim, we will file it with the appropriate agency or court. Some cases may involve multiple claims at federal, state, and NYC levels.
Review the Outcomes
Most age discrimination claims donโt go to court. Instead, your attorney will attempt to negotiate a fair settlement with your employer or other defendants. A settlement may include back pay, job reinstatement, front pay, and reimbursement of attorneyโs fees.
Our seasoned New York City workplace age discrimination lawyers at Joseph & Norinsberg will review your settlement offer and advise whether itโs fair or if you should take the case to court.
Our firm has recovered over $250 million in verdicts and settlements for clients, including a $1 million verdict against the City of New York. We stand firm against employers who violate workersโ rights and work tirelessly to secure the compensation our clients deserve. Past case results do not guarantee similar outcomes in future cases.
Our Clients Have Given Us a Five-Star Rating
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
FAQs
Are employers allowed to ask an applicantโs age in an interview?
It is illegal for interviewers to ask an applicantโs age, although an employer may ask if an applicant is over 18.
Can my employer force me to retire?
Forced retirement is illegal. With few exceptions, employers cannot set mandatory retirement ages. Some employers offer their older employees improved retirement packages to incentivize them to retire, which is legal and not considered forced retirement.
How does age discrimination hurt employers?
Between 2010 and 2018, employers paid $810.4 million in settlement costs for age discrimination lawsuits. In addition to hefty financial penalties, the intangible and equally detrimental costs of age discrimination include:
- Demotivated employees, lowering productivity, customer service, product quality, and overall work performance
- A loss of talent and institutional knowledge
- Missed opportunities to hire and retain workers with knowledge, experience, good judgment, and commitment
How do you win an age discrimination case?
Winning an age discrimination claim requires preparation and evidence. To increase your chances of success, document all instances of discrimination you experience and hire a competent NYC age discrimination lawyer.
What is the most common type of age discrimination?
According to an AARP survey, the most common type of age discrimination is negative comments about an older worker’s age. Other typical forms of age discrimination include asking for age-related details on an employment application and being denied a job because of their age.
Contact a New York City Age Discrimination Lawyer Today
No employer, regardless of how powerful they are, can take away your fundamental right to work in an environment free of illegal discrimination and retaliation.
If you have experienced age discrimination in the workplace in NYC, our skilled legal team at Joseph & Norinsberg can help. Contact us today for a free consultation.
Jon Norinsberg is one of New York Cityโs leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
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Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
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