New York’s Children’s Aid Society accused of discrimination

A 61 year-old woman is suing the former CEO of New York's Children's Aid Society. The woman alleges that she was unlawfully fired for being too old. According to the allegations, the CEO at the time regularly made comments pushing for hiring "20-something energetic women."

A report by the NY Post notes the woman worked for the organization for almost 25 years before she was terminated. When she confronted the CEO responsible for her termination, he stated that trustees were disappointed with her performance. However, trustees and board members stated these comments were false. If the woman's claims are supported, the former employer will likely be guilty of age discrimination and the woman could receive compensation for back pay and damages.

New York discrimination law

Age discrimination occurs when a decision about employment is made based solely on one's age. Federal protections are available under the Age Discrimination in Employment Act (ADEA). This law was enacted in 1967 and applies to those over the age of 40 working for companies with 20 or more employees. These decisions include not just hiring and firing, but also protect against denial of benefits. The law also makes it illegal to tie a cessation of benefit accrual or reduction to the rate of allocations made to an employee's pension benefit plan to the employee's age.

There are a few exceptions that can apply to these protections. Employers are allowed to have age limitations if the limitation is necessary in order for the worker to complete the functions of the job. The employer must be able to establish that there is a reasonable belief that workers over a certain age can not complete the job safely.

New York's City Bar, an association of legal professionals, notes that additional protections against age discrimination are present under state and city laws. One of the main benefits of these protections is that they apply to smaller companies. Instead of needing to meet the 20 employee requirement, the city's protections cover companies with four or more employees.

Remedies available for victims of age discrimination

Employers that practice discriminatory practices can be held accountable. Those who are the victims of this practice may be eligible to receive compensation for back pay, lost benefits, reinstatement and even a promotion. If the allegations are supported in the case above, the woman will likely receive some level of compensation.

Those who believe they are the victims of age discrimination should be aware of the fact that there are time limitations on these claims. Protections, for example, under ADEA must be claimed within 180 days of the discriminatory act. As a result, those who are the victimized discriminatory practices should contact a New York age discrimination attorney.