Age Discrimination Lawyer in New York

Brown Kwon & Lam: Your Trusted Legal Ally

In a study by AARP, many individuals believe that age discrimination begins in the workplace when employees are in their 50s. Of the respondents in the study, more than half had seen or experienced discrimination in their lifetime. Unfortunately, this is an issue that is not going anywhere, especially as workplace culture and structures change with technology. While you may find it difficult to speak out against these discriminatory actions, it’s important you do.

Age discrimination not only undermines professional integrity but also affects mental health and career growth for many in the workforce. Understanding your rights and how age discrimination manifests can empower you to take action. At Brown Kwon & Lam, we are committed to being the age discrimination lawyer New York residents can rely on to navigate such complexities. Our extensive experience across New York ensures a comprehensive approach to each unique scenario.

An age discrimination lawyer from our firm will provide the strong representation you need, ensuring your voice is heard and your rights are defended. By choosing Brown Kwon & Lam, you align yourself with a team dedicated to challenging age discrimination and promoting equitable treatment in all workplaces across the city.

If it’s happening to you, it’s likely to be happening to others. If you are a victim of age discrimination, you need the age discrimination attorney in New York City of Brown Kwon & Lam. Contact us online or call (212) 295-5828 for a free consultation.

Understanding Federal & State Age Discrimination Laws

Under both federal and New York state laws, age discrimination in the workplace is illegal. Under the Age Discrimination in Employment Act (ADEA), discrimination on the basis of age in programs and activities receiving federal financial assistance is prohibited. The act applies to individuals 40 years of age and older and permits the use of certain age distinctions and factors other than age itself to meet requirements. The federal law is specific to businesses that employ more than 20 individuals.

The New York State Human Rights Law (NYSHRL) also addresses age discrimination against employees. As of February 2020, New York State law prohibits all employers, regardless of size, from making hiring, firing, or other employment decisions based on age. New York age discrimination laws also apply to independent contractors. In addition, the act applies to those individuals 18 years and older. Under the law, you must file a complaint with the Division within one year of the alleged discriminatory act.

For residents in both Brooklyn and the greater New York area, understanding these laws can be pivotal in recognizing and contesting unlawful employment practices. By working with Brown Kwon & Lam, an age discrimination attorney Brooklyn residents trust, you can ensure these laws work to protect your rights effectively.

Key Protections Under the Older Workers Benefit Protection Act

An amendment to the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act of 1990 (OWBPA) extends protections to older employees by prohibiting the following:

• Targeting older workers when conducting lay-offs or staff reductions;
• Failing to follow procedures when asking older workers to waive their rights under the Age Discrimination in Employment Act; and
• Using an employee’s age as the basis for discriminating against them in regard to benefits.

This act acknowledges the vulnerability of older workers and aims to secure their employment benefits and opportunities without prejudice. Our New York age discrimination lawyers are adept at interpreting these protective measures to safeguard your career from unjust policies or actions.

Recognizing Examples of Age Discrimination in the Workplace

To see if your complaint falls under either of these laws, you must be able to show age played a factor in the event. Such discriminatory actions include:

• An Employer Refuses to Hire or Promote an Employee: This often occurs when age is unjustly considered over merit and ability.
• An Employer Terminates an Individual Because of Age: Such actions might be disguised as performance-based without substantial evidence.
• An Employer Does Not Provide the Same Terms and Conditions of Employment, Including Salary: This can be seen in unequal pay for equal work purely based on age biases.
• An Employer Denies an Individual Acceptance into an Apprentice Program Because of Age: Discrimination can begin at the learning and development phase, hindering career growth.
• An Employer Establishes Separate Seniority, Layoff, or Recall Lists Based on Age: Segregating staff lists can disadvantage older workers from receiving equal opportunities.
• Labor Union Does Not Extend the Same Benefits to One Employee as Others Because of His or Her Age: Unions should provide equal representation regardless of age.
• An Employment Agency Does Not Provide Services to Individuals Over 40 Years Old, Such As Job Referrals: Age restrictions that limit job-seeking prospects should be challenged.

Recognizing these examples empowers employees to identify unfair practices and take proper legal steps. Our age discrimination lawyer Brooklyn team is dedicated to equipping you with the knowledge and resources to contest such discrimination effectively.

Steps to Prove Age Discrimination

To prove age discrimination occurred, you must prove:

• Direct Evidence: This may include apparent and overt actions taken or avoided because of an employee’s age, such as an employer telling you they are not hiring you or they are firing you specifically because of your age, or if you overhear a supervisor discussing your age as a negative element.
• Disparate Treatment: While this can be more difficult to prove, such actions would include your employers passing you over for a position or promotion for someone younger but less qualified.
• Disparate Impact: This type of action involves an employment policy that aims to be neutral but, instead, disproportionately impacts older employees because of age.

Gathering conclusive evidence for age discrimination can be complex. The role of our experienced age discrimination attorney New York team is to methodically compile evidence, ensuring that your case is presented with clarity and precision.

Essential Documents for Your Age Discrimination Claim

Because it can be difficult to prove age discrimination has occurred unless direct evidence exists, it’s important to have an employment discrimination attorney on your side who can help you seek the justice and compensation you deserve. There are certain documents pertaining to your employment that will be critical in your case. 

Such documents include:

• Evaluations and performance reviews
• Warnings or complaints against you
• Job description
• Awards/honors
• Employee handbooks, insurance policies, and manuals

Compiling these documents offers a robust foundation for your claim, illustrating patterns of discrimination over time. Our team will assist in analyzing and organizing documents, ensuring they effectively support your claim.

Get Help from Our New York City Age Discrimination Attorneys

As a victim of age discrimination in your New York workplace, you may find it hard to speak up against your employer, supervisor, or another coworker. But you deserve to be treated on the basis of your skills, not on your age.

If you believe that you were a victim of age discrimination, contact Brown Kwon & Lam, LLP today to get started with our New York City age discrimination lawyers.

Age Discrimination in New York: What Local Employees Should Know

Understanding how age discrimination uniquely impacts New York's diverse workforce is vital. In New York, the combination of state and city regulations offers comprehensive protection, making it essential for both employers and employees to understand their rights and obligations. New York City’s Human Rights Law is one of the most extensive, covering all employers with four or more employees and prohibiting age-based discrimination explicitly. It ensures that age can't be used as a determining factor in hiring, firing, benefits, or promotions.

Moreover, New York City offers additional support through bodies like the New York City Commission on Human Rights, which provides educational resources and complaint-filing assistance for individuals affected by workplace discrimination. At Brown Kwon & Lam, our age discrimination lawyer Brooklyn offices work closely with affected clients to offer guidance tailored to their unique situation, recognizing the robust legal landscape in New York.

Local Advocacy & Resources for Older Workers

New York offers a variety of resources for older workers facing discrimination. Local advocacy groups, such as the AARP New York and the New York State Office for the Aging, provide tools and support to help empower older adults in the workforce. These organizations help in lobbying for policy changes and provide platforms for sharing resources and advice.

The New York State Division of Human Rights is also a pivotal resource, offering avenues to file discrimination complaints and pursue investigations independently. As part of our commitment to senior workers, Brown Kwon & Lam collaborates with relevant agencies, providing a comprehensive approach to fight age discrimination and promote inclusive workplace environments. Leveraging local resources is a key part of our strategy to ensure fair treatment for all employees across the state.

For a free consultation with a New York City age discrimination attorney, call (212) 295-5828 or contact us online.

Frequently Asked Questions About Age Discrimination

What Should I Do If I Suspect Age Discrimination at My Job?

If you suspect age discrimination at your workplace, it's crucial to document any incidents that seem discriminatory. Start by recording dates, times, places, and any witnesses to the discriminatory actions. Compile your performance reviews, job descriptions, and any communications, like emails or memos, that may support your claim. Discuss your concerns with your HR department, if you feel comfortable doing so, to see if the issue can be addressed internally. Having an age discrimination attorney involved early can help guide you through this process, ensuring that all necessary steps are taken to secure and present your evidence properly.

How Does New York Law Differ From Federal Age Discrimination Laws?

New York law is often more encompassing than federal regulations concerning age discrimination. While the ADEA covers companies with 20 or more employees, New York State law covers all businesses, regardless of size. This wider scope means that protections are extended to a greater segment of the workforce. Additionally, New York's laws include unique provisions that protect against discrimination based on multiple characteristics, a concept known as intersectionality. This broader coverage ensures greater protection for employees, making it essential to work with an attorney familiar with these distinctions when building your case.

Can Age Discrimination Occur During the Hiring Process?

Age discrimination can indeed occur during the hiring process. If an employer imposes age limits without a valid reason, fails to consider older applicants' qualifications, or asks age-biased questions during interviews, they may be engaging in age discrimination. Employers must evaluate candidates based on skills and potential benefits to the company rather than making assumptions based on age. If you feel age discrimination has occurred in a hiring scenario, it’s advisable to consult with a New York age discrimination lawyer to explore your legal options.

What Are My Rights If I Am Terminated Because of My Age?

If you believe you have been terminated due to age discrimination, you have the right to seek justice through legal channels. Gather any evidence that suggests age played a role in your termination decision. This might include discriminatory comments, patterns of termination policies, or records indicating preferential treatment toward younger employees. Consultation with an employment lawyer is critical in evaluating the strength of your claim and deciding the best course of action for legal recourse.

How Can I Prove Age Discrimination in the Workplace?

Proving age discrimination requires a precise approach. Collect evidence that shows a pattern of bias, such as emails or witness statements indicating age-related comments or decisions in your workplace. Documentation plays a pivotal role, as does demonstrating that your performance met company standards but was undervalued due to age. Brown Kwon & Lam can analyze the specifics of your claim, build a strong argument, and represent your interests effectively throughout the legal process.

If you have been treated unfairly at work due to your age, do not hesitate to reach out to Brown Kwon & Lam. Contact us online or call (212) 295-5828 to secure a free consultation with an NYC age discrimination attorney.