Age Discrimination Lawyer in NYC

Growing older should bring increased experience and opportunity, not job insecurity. Too often, that’s the reality for employees older than 40. In the last few years, the number of age-related discrimination cases has risen sharply. The Equal Employment Opportunity Commission (EEOC) reports that an increasing number of employees over 40 are experiencing termination, decreased opportunity for advancement, or far too frequent job loss—all coming under the heading of “cost-cutting.” At Leeds Brown Law, we vigorously defend the rights of employees against this kind of pernicious behavior.

What Is Age Bias According to Legal Standards?

Age bias occurs when an employee is treated less favorably because of his or her age. In particular, age bias against individuals 40 and older has been the focus of laws at both the federal and state levels. These laws specifically prohibit an employer from using age as a factor in making the following adverse employment decisions:

• Failing to hire a qualified candidate
• Laying off or furloughing older employees
• Denying raises or promotions to aging staff
• Replacing older workers with younger, less experienced staff
• Targeting older employees during “restructuring” or “reductions in force”

Both subtle and explicit forms of age bias are illegal.

The Indications of Discrimination Against Senior Employees

Age discrimination isn’t always said outright. The following signs can indicate that someone is being discriminated against because of their age:

• Comments that suggest you should “slow down” or that you are “resistant to change”
• Not being included in training or meetings related to future technology
• Facing sudden negative performance reviews after a long stretch of excellent evaluations
• Seeing younger people get promotions, even though those people have less experience
• Losing your job and having it go to someone much younger

If any of these things happen to you, a lawyer might be able to help.

Legal Protections Against Age Discrimination

Several laws shield workers from age bias. They include:

• Age Discrimination in Employment Act (ADEA) – a federal law protecting workers 40 and older from being discriminated against in hiring and firing and in other workplace decisions.

New York’s Human Rights Law covers people of all ages and offers more expansive protections than federal laws. New York City’s Human Rights Law provides even more. It also reaches many employers that federal laws do not. Both laws cover retaliation. That is, it is illegal to punish someone for complaining about age discrimination.

Significant Judicial Decisions on Age Discrimination

Recent court cases have helped to define the legal protections of older workers. In one important lawsuit, older workers who had been laid off took successful (for them) steps to challenge plans that were reducing the workforce and which those affected by the plans said were favoring “Millennials” over “Baby Boomers.” As with so many cases involving alleged discrimination, the court permitted the case to proceed on the basis of what the plaintiffs claimed were damning internal documents that suggested the use of an age preference in deciding whom to lay off.

Constructive Termination and Involuntary Resignation

Occasionally age bias results in constructive discharge—when a work environment becomes so intolerable that the employee feels compelled to resign. Examples include:

• Being moved to undesirable or demoralizing positions
• Systematic negative treatment or exclusion
• Being given tasks that would make your departure reasonable

If your resignation was forced because of a hostile work environment, you might still have a cause of action.

Winning Against Adversity with Leeds Brown Law

Our counsel have much experience in the litigation of cases of age discrimination throughout New York. We assist clients in getting evidence, developing powerful strategies, and bargaining to win favorable resolutions. We’ve fought for:

• Older personnel forced out while their juniors were retained
• Employees passed over for promotions, or increases in compensation and salary, because of their age
• Targets of a work environment made so hostile that they were forced to resign
• Wrongfully terminated clients with made-up reasons for firing them

We take your case and fight for your dignity and future.

Set Up Your No-Cost Consultation on Age Discrimination

Individuals must be judged on their talents, not on the number of years since their birth. If you believe that discrimination based on age has affected your job, count on Leeds Brown Law to stand by you. We offer:

• No-cost, private case evaluations
• Having your back throughout NYC, Nassau, and Suffolk Counties
• Legions of lawyers with decades of combined experience in employment law

In a call lasting less than half of a minute, you can place yourself on the side of the right and the good. You can enforce your will and your presence in the work site by having Leeds Brown Law in your corner.