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Age discrimination is one of the most insidious forms of workplace discrimination, and a lack of awareness and proper education allows it to run rampant in many workplaces. If a coworker, supervisor, or customer mistreats you because of your age, you may be a victim of age discrimination. Among other things, age discrimination can take the form of a supervisor passing you up for a promotion in favor of a younger, and often less qualified colleague or a coworker making offensive comments about your age.
If discrimination contributes to a hostile work environment, wrongful termination, or any type of wage & hour violation, please contact an age discrimination lawyer today for a free and confidential consultation. Our knowledgeable legal team has over 20 years of experience fighting for NY and NJ employees’ rights, and we are committed to obtaining justice for our clients.
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!
Why Choose Joseph & Norinsberg as Your NYC Age Discrimination Lawyer?
The skilled and experienced lawyers at Joseph & Norinsberg LLC have over 75 years of collective experience fighting for worker’s rights. We regularly represent victims in all types of employment discrimination claims, including those involving age, LGBTQ, gender, race, pregnancy, and disability. We’re proud of our 90 percent case success rate, earned through our tireless work ethic and superior negotiation skills.
When you hire us, you’ll work with empathetic professionals who devote their total attention to your case. We’ll 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, we’ll prepare a solid case that demonstrates how your employer’s actions adversely impacted your career and earnings potential. We aim to get the justice you deserve and compensate you for the losses you’ve suffered.
Our prior clients emphasize their positive experiences working with our team.
Testimonials From Our Discrimination Clients
We are particularly proud of the unsolicited testimonials we often get from satisfied clients, including the following:
Joseph & Norinsberg LLC was recently named the Best Litigation Attorneys in NYC by expertise.com. In addition, our attorneys have received other high-profile recognition, including from Super Lawyers, Multi-Million Dollar Advocates, and Super Lawyers Rising Stars. Many media outlets have covered our attorneys and cases, including the New York Law Journal, the New York Post, and the New Jersey Herald.
Case result: Joseph & Norinsberg LLC obtained a $600,000 settlement for an upper- level management employee who worked for a New York-based investment firm. Our client alleged age discrimination, and through tireless effort we successfully resolved his claim in less than four months.
What Is the Statute of Limitations for Age Discrimination in NYC?
If you think you have a valid age discrimination claim, it’s vital to file a claim within the law’s statute of limitations. Several regulations govern age discrimination, each with a separate time limit.
The Age Discrimination in Employment Act, or ADEA, is a federal law prohibiting age discrimination against individuals aged 40 or older. Victims must submit a claim to the U.S. Equal Employment Opportunity Commission within 300 days of the violation. If the EEOC gives the green light, you can then file a lawsuit in federal court.
Victims of age discrimination have three years to file a claim in New York State courts. The imposed a three-year statute of limitations on civil actions relating to age discrimination. However, recent legislation amended the state law to give discrimination victims who file with the Division up to three years to file a claim against a discriminatory employer. The new law applies to incidents occurring on or after February 15, 2024. Victims still have only one year to file a claim for incidents occurring before that date, with the Division of Human Rights.
If you have any further questions about the statute of limitations, speak with a qualified attorney immediately if you have been subjected to age discrimination. Failing to act may result in your case being time-barred.
Signs and Forms of Age Discrimination
Age discrimination can take on many forms. Sometimes, it’s indirect, and you may not be sure it qualifies as discrimination. Other times, it’s overtly direct and results in severe emotional or financial harm.
Here are some red flags that you may have experienced age discrimination at your workplace:
- Younger workers consistently receive first grabs at exciting projects or training opportunities.
- You were denied a promotion, which went to a younger worker with less or equal experience.
- Supervisors consistently make ageist comments, such as saying they want more “fresh faces” or classifying older workers as “set in their ways.”
- You experience a hostile work environment where younger or older workers feel uncomfortable or unwanted.
- The employer regularly lays off only older workers.
- The employer favors younger workers when hiring for open roles.
- The employer encourages older workers to retire or offers them buyouts.
- Managers or co-workers assume younger or older workers don’t understand how to perform tasks like leading a team or using a computer.
Offhand, isolated comments typically won’t constitute age discrimination. However, if the situation evolves to create a hostile environment or impacts the victim’s career, it’s a different story.
What Is the Age Discrimination Law in NYC?
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 EEOC regulation that applies to private employers with 20 or more staff members 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.
How Age Discrimination Laws Apply to Your NYC Claim
If you’re the victim of NYC age discrimination, you may potentially 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.
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 is also notoriously hard, as many signs of it are subtle. If you notice signs of age discrimination, take these steps.
1. 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 doesn’t constitute age discrimination. For instance, airline pilots must retire at age 65, per federal regulations.
2. 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 you’re 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.
3. Seek Legal Counsel
There is a short window of opportunity to file an age discrimination claim. If you wait too long, you may be time-barred from seeking compensation. Schedule a legal consultation as soon as possible so an attorney can review your case and determine your options.
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:
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.
1. Schedule a Legal Consultation
NYC age discrimination attorneys understand federal, state, and local laws. They can evaluate your case and represent you in a claim. It’s crucial to speak with an attorney as soon as possible so they have every opportunity to gather evidence and prepare the legal process.
2. Assemble Evidence and File a Claim
An age discrimination lawyer in New York City will ask you for any supporting documentation you have to support your case. After submitting it, they may investigate further by contacting witnesses or speaking with employment experts. Once your lawyer has all the evidence to support your claim, they will file it with the appropriate agency or court. Some cases may involve multiple claims at federal, state, and NYC levels.
3. Review the Outcomes
Most age discrimination claims don’t 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 attorney’s fees. The seasoned NYC age discrimination lawyers at Joseph & Norinsberg will review your settlement offer and advise whether it’s fair or if you should take the case to court.
FAQs
Are employers allowed to ask an applicant’s age in an interview?
It is illegal for interviewers to ask an applicant’s 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, 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, the skilled legal team at Joseph & Norinsberg LLC can help. Contact us today for a free consultation by calling (212) 227-5700 or completing our online intake form.
Having over 25 years of experience and a proven track record of success, Jon has become one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).
