Age discrimination may be subtle, but it is a growing problem in workplaces in New York and New Jersey. Many workers are paying tuition for their kids as well as taking care of their much older parents, and they need to be able to keep working to survive. When businesses decide to cut costs, older workers may be the first to go. The attorneys at Emre Polat Employment Attorneys are experienced New York City age discrimination lawyers who are ready to provide legal counsel and representation to employees or employers in discrimination lawsuits.Age Discrimination
Federal law protects employees who are over the age of 40 through the Age Discrimination in Employment Act of 1967. New York State and New York City laws also protect older workers. Forcing or pressuring an older worker to retire, making comments about wanting youthful energy, promoting a young person rather than a more qualified older worker, not allowing an older employee to attend a training, or cutting the salaries of older employees with higher salaries before younger employees may all be examples of age discrimination.
In New Jersey, the state statute prohibiting age discrimination in the workplace is the New Jersey Law Against Discrimination, and this law is much broader with greater remedies and damages than federal law. While the ADEA and New York law protect workers who are at least 40 from age discrimination, there is no threshold for protection against age discrimination in New Jersey. However, generally, age discrimination lawsuits brought by older workers who are nearing retirement are more likely to be perceived as credible and are more likely to be successful.
For example, a successful plaintiff is most likely someone who has been with a company for years and has a solid work history with good performance reviews. Alternatively, employers discriminating against potential applicants because of their age can also be a basis for age discrimination.
If you suspect that you are being treated adversely in employment due to your age, you should consult an age discrimination attorney at our New York City firm to explore your options. You also should record any statements or actions that suggest that your employer is biased against older workers. For example, if your employer has a pattern of promoting younger workers at the expense of older workers, this may be useful in your age discrimination claim. These workers may be able to add testimony that will help your case. Workers who can show that they were replaced with a substantially younger employee, such as someone in their 20s or 30s, after being terminated, can show age discrimination claims.
In general, employers are usually fairly adept at disguising discriminatory motives, so age discrimination claims may not be so clear. Very few supervisors and managers will admit that you were terminated because of your age. However, in some cases, they may try to use euphemisms that a jury may be convinced are signs of age-related bias. For example, they may claim that they wanted to promote fresh faces or want employees with their best years ahead of them. It may be helpful to a victim of age discrimination to have contemporaneous emails or witness testimony to corroborate a claim that these types of remarks were made.Seek Guidance from an Age Discrimination Lawyer in New York City and New Jersey
Age discrimination lawsuits have many unique challenges, and it is important to retain an experienced attorney to advocate for you. An aggressive New York City age discrimination attorney can make sure that your rights are protected. Attorney Emre Polat is an experienced and aggressive employment litigation attorney in New York and New Jersey. The Emre Polat Employment Attorneys represents clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as in Nassau, Suffolk, and Westchester Counties and in New Jersey. Call us at (212) 480-4500 or use our online form to set up an appointment with a wrongful termination lawyer or get advice about another type of employment claim.