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Federal law protects the rights of older employees

| Aug 19, 2019 | Uncategorized |

When you go to work, you know that you will give it your very best effort. You are an important member of the team, you have experience and you do what you are supposed to do, but you still may not get the respect that you know you deserve. This is often the case for older workers – they experience mistreatment and discrimination in the workplace simply because of their age.

You may be older, but that does not mean that you cannot or no longer should work. Despite the fact that you are perfectly capable of continuing in your role and bringing value to your New York employer, you may have to deal with certain types of discrimination in the workplace. If this happened to you, you can speak up and fight to protect your rights.

Older workers have rights 

The federal statute, the Age Discrimination in Employment Act, protects your rights as an older worker. This means that you do not have to suffer through various types of mistreatment in silence, but you can hold your employer accountable for his or her actions, whether the mistreatment came straight from the top or your boss allowed the development of a hostile work environment.

The ADEA outlines certain things that employers can and cannot do regarding their treatment of older workers, which includes any person age 40 or older. Some of these things include the following:

  • Employers cannot discriminate against older workers at any point in the employment process, from the hiring stage to promoting workers.
  • Employers cannot advertise a specific age preference when promoting a job unless it is a legitimate requirement of the job.
  • Employers cannot use a person’s age as a determining factor when promoting employees or training employees for new roles.
  • Employers cannot force or pressure an older worker to retire, nor can they take away the insurance benefits of older employees.

If you experienced any of these things or more direct forms of harassment in your place of work because of your age, there are legal options available to you. It is possible that you have legal grounds to pursue a civil claim against your employer.

While no amount of compensation can undo the damage you experienced, you can ensure that liable parties are accountable. Your action may also ensure that others do not have to experience what you went through. If you are unsure of where to start, a complete assessment of your case with an experienced attorney can help you see what steps you may need to take next.