Age Discrimination at Work
Age discrimination occurs when an employer treats an employee worse because of age. It may involve older employees being pushed out, denied promotions, targeted in layoffs, replaced by younger workers, mocked as “old school,” excluded from opportunities, or pressured to retire. It may also involve stereotypes that older employees are too expensive, too slow, less energetic, resistant to technology, or not a “culture fit.”
Laws That Protect Employees
The Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., protects many employees age 40 and older. The New York State Human Rights Law, N.Y. Exec. Law § 296, and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107, also prohibit age discrimination. New York City law is broader than federal law and must be analyzed independently. New York courts have addressed age discrimination under city law in cases such as Melman v. Montefiore Medical Center, 98 A.D.3d 107 (1st Dep’t 2012), and city-law summary judgment standards in cases such as Bennett v. Health Management Systems, Inc., 92 A.D.3d 29 (1st Dep’t 2011).
New Jersey employees may have claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12.
Examples of Age Discrimination
Age discrimination may include:
- Firing older employees during a supposed restructuring.
- Replacing an older employee with a substantially younger worker.
- Making ageist comments about retirement, energy, technology, or appearance.
- Denying training or promotion opportunities to older employees.
- Targeting older employees because they earn more.
- Pressuring an employee to resign or accept severance.
- Giving sudden negative reviews after years of strong performance.
- Retaliating after an employee complains about age bias.
Layoffs and Forced Resignations
Age discrimination often appears in layoffs. Employers may claim business reasons while selecting older employees for termination. Evidence may include layoff lists, ages of selected and retained employees, replacement hiring, comments by leadership, severance communications, and inconsistencies in selection criteria.
Related Fingerhut Law Pages
Wrongful Termination, Hostile Work Environment, Retaliation for Protected Activity, Breach of Employment Contract, NJ LAD.
Contact Fingerhut Law
If you were pushed out, demoted, denied opportunities, or fired because of age, contact Fingerhut Law for a confidential consultation.
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