Understanding the Protections Available Under the Age Discrimination in Employment Act

Understanding the Protections Available Under the Age Discrimination in Employment Act

Employers in Queens should take advantage of the experience and dependability of older workers. However, a lot of employers institute policies and engage in conduct that discourages and forces out older workers. Because age discrimination is not new, the Age Discrimination in Employment Act or ADEA has been enacted. But, because some employers still pass over older workers in favor of younger, less qualified ones, discrimination victims should consult Queens Employment Discrimination Attorneys to know what their legal options are. These attorneys are committing to help older workers achieve the recognition and respect they deserve, even if they have to go through litigation. 

What the ADEA Offers

The ADEA is administered by the Equal Employment Opportunity Commission (EEOC) that prohibits discrimination in hiring, firing, and the terms of employment conditions of employees over the age of 40. It applies to companies with at least twenty employees. But, N. Y. and NY|C laws often offer similar protections for workers who work for smaller companies. 

The federal law prohibits employers from discriminating against older workers in favor of younger ones. But, it doesn’t apply vice versa. ADEA applies to employees who are over the age of 40 and does not impact the common practice of giving early retirement packages to older workers as long as they are free to decline the offer without adverse effect. Also, the law bans age-based harassment in the workplace and holds employers responsible for letting it happen or failing to address the kind of hostile work environment this discrimination can cause.

Common Challenges of Enforcing ADEA

A with all allegations of discrimination, providing age discrimination under ADEA is more than just showing you are over age 40 and that you sustained adverse employment action. It is imperative to show a causal relationship between the two. Your attorney may need to collect evidence such as statements your employer made, the examination of previous practices, or the treatment of similar situated younger workers. Often, employers claim to have a legitimate nondiscriminatory motive for their actions. An experienced attorney can uncover the faults and inconsistencies in these ploys, holding employers liable for their conduct and practices. 

Even if there are legal prohibitions in place, age discrimination is still common in Queens. Unfortunately, a lot of victims don’t stand up for themselves. If you think you have been denied employment or promotion or have been forced to resign due to your age, you must contact a skilled discrimination attorney. Your attorney can also give you legal assistance if you have faced pervasive or serious age-based harassment.

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