New York employees have the right to a workplace that is free from harassment and discrimination of any kind. If you are experiencing inappropriate treatment at your place of work, you have the right to fight back. You should not have to deal with any discriminatory treatment, including age discrimination.

One of the unfortunate things that many older employees have to deal with in the workplace is discrimination due to age. Older workers often find they have a harder time getting promotions, finding new employment opportunities and even simply receiving fair treatment from employers. Employees of all ages are entitled to certain rights, and you do not have to suffer from mistreatment silently.

What does the ADEA mean for you?

The Age Discrimination in Employment Act is a federal law that means employers cannot act in a discriminatory manner toward employees age 40 and up on the basis of their age. There are also other federal laws and even state laws in place that protect the rights of older workers. The ADEA applies to you, your employer and potential future employers in the following ways:

  • Employers cannot advertise available positions and include specific age limitations unless it is a genuine qualification because of the nature of the job.
  • The ADEA prohibits employers from using age to discriminate against an applicant or employee in any stage of the employment process, including hiring, training, promoting or firing.
  • Employers cannot use age as the deciding factor when downsizing a workforce. This means employers cannot let you go simply because you are older.
  • The ADEA prohibits employers from forcing or pressuring employees to retire early.
  • Your employer cannot use your age as a factor when deciding to reduce, charge or take away health care or life insurance.

It is in your interests to learn about your rights and how to proceed in the event that you experience age discrimination in the workplace. The ADEA and other laws are on your side, and you can hold your employer accountable for any mistreatment.

Where should you start?

If you believe you are a victim of age discrimination, you may find it beneficial to start by seeking a complete evaluation of your case and explanation of the rights you have under the law. By working with an attorney experienced in protecting employee rights, you can have the ally you need to stand up to your employer, pursue appropriate damages and seek a beneficial outcome to your case.