Things happen in life where older workers need to relocate or find new jobs because they are being pushed out of their employment. All of a sudden these seasoned workers have issues finding a job. Many companies look at the age of older workers and don’t see them as a valuable addition to the workplace. Instead of seeing years of experience, companies think that these employees have health issues and won’t be around for the long haul.
So, they devalue them before they are even given a chance. What’s left is a workforce of older people that can’t pay their bills or find gainful employment. Gary Falkowitz is a New York City age discrimination lawyer that understands this is a serious problem. Just because an applicant or worker is older, doesn’t mean that they aren’t valuable in their job.
Age discrimination has been around for years, so it isn’t a new concept in the workplace. In 1967 the Age Discrimination Employment Act (ADEA) was passed. There are also many states, like New York, that passed subsequent legislation in order to protect older workers. We know that you deserve respect for the time that you have devoted to your career. If you are dealing with age discrimination issues we’re here to help. Contact us today, so we can fight for the compensation that you deserve.
What does the Age Discrimination Employment Act do?
Like any other discrimination law, the AGEA protects older employees from being hired, fired, or harassed in the workplace based on their age. This act specifically applies to workers that are over the age of 40. The ADEA provides protection to older employees of companies that have more than 20 employees, but NYC laws protect workers of smaller businesses. Here are some areas of ADEA protection:
ADEA prohibits companies from discriminating against older employees by hiring younger employees. The ADEA only applies to those that are over 40, which means it cannot help a younger employee being discriminated against based on their age.
ADEA is still applicable if both of the employees or applicants are over 40
ADEA doesn’t apply to a company providing early retirement packages to older employees, as long as employees can decline. It is illegal to try to force an older employee to retire early.
ADEA prohibits companies from having mandatory retirement ages of high-ranking employees, especially those with major decision-making power.
ADEA cannot prohibit age discrimination if the type of employment needs a younger person. For example, if the job is laborious and an older employee cannot perform the essential job tasks without accommodations.
ADEA prohibits any workplace harassment that has to do with the older age of an employee. Employers are responsible for mediating and handling these workplace issues and must maintain a positive work environment for all employees.
How is the ADEA enforced?
Proving age discrimination under the ADEA is not as easy as it sounds. You might be over 40, but you have to show that you suffered adverse action in your employment because of your age. Some of this evidence can include statements from your employer, past incidents of poor treatment by colleagues, or even the average age of employees in the company.
An employer is generally not going to tell you that you’re being fired because you are too old for the job. So, you will have to gather evidence to prove your claim, which is why you hire an experienced age discrimination lawyer. Your lawyer will be able to research the company, gather statements, and use this evidence to build you a strong case.
Don’t let age discrimination affect your career
We know it can be frustrating when you’re suffering from age discrimination, but we can help. You don’t deserve to be pushed out of your career or industry because you are over 40. Contact us today for your free consultation about your age discrimination claim. Call the Falkowitz Law Firm today.
