Ideally, every employee should be treated fairly and promotions should be based on the applicant’s qualifications and ability to fulfill the job requirements. Unfortunately, this is not always the case. An employee may suffer discrimination based on age, sex, gender, race, or other attributes. An employee may not even fully realize that they have the victim of discrimination, as the acts of discrimination may be subtle and difficult to identify. If you believe you have been unfairly treated in your place of employment because of your age, you may pursue an age discrimination claim to take a stand against these unfair practices and collect the compensation you need to move forward.
Your Rights Under the Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) of 1967 is designed to protect workers who are 40 years old and above from acts of employment-based discrimination. According to the U.S. Equal Employment Opportunity Commission (EEOC), the ADEA “prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.” In some cases, it is considered unlawful to harass a worker due to their age—especially if it leads to an adverse employment decision.
Additional Protections for Employees in New York
In addition to federal law prohibiting age discrimination in the workplace, New York has taken steps to expand the scope of such protections. Independent contractors are now protected against age-based discrimination, and state law now “prohibits all employers, regardless of size, from making hiring, firing or other employment decisions based on age.” This amends a previous law that only applied to employers with four or more employees.
Filing an Age Discrimination Claim in Westchester County
If you believe you’ve been the victim of age discrimination, you may wonder what steps you can take to hold your employer accountable. As age discrimination claims can be challenging to prove, it’s highly recommended that you work with an experienced employment law attorney who can assess the specifics of your situation and determine the most successful path forward. Your lawyer will likely locate key documents, such as personnel files, security files, job descriptions, resumes, performance reviews, and more in order to build a compelling claim on your behalf. While it’s possible to file a workplace discrimination claim with the Department of Labor on your own, having an attorney by your side to guide you through the process can give you the reassurance and confidence you need during this challenging time.
For more information about filing an employment discrimination claim in Westchester County, contact Gash & Associates, P.C. at (914) 328-8800 today to arrange a free consultation.