Despite the passing of the Age Discrimination in Employment Act in 1967, aging Baby Boomers (40+) are still facing disparate treatment in the workplace. However, as pervasive at it is, employers rarely discriminate against older workers in an explicit manner. Instead, their practices and policies, i.e. replacing employees who they consider to be “too old for the job” with younger workers, are meant to have discriminatory impact on older employees.
At Sethi & Mazaheri, our attorneys dedicate themselves to advocating for equal opportunity and treatment in the workplace. If you believe you have been passed up for a promotion, demoted, or forced to retire due to reasons related to your age, contact our attorneys regarding your age discrimination claim.
What is Age Discrimination?
Age Discrimination occurs whenever an individual's employment is adversely affected due to reasons related to their age. Examples of age discrimination include instances when:
Younger and less skilled employees are compensated at a higher rate than older and more skilled employees;
Older employees are suspended, laid off, or fired first or more frequently;
Older employees are either forbidden or not encouraged to further their growth within the company;
Older employees are not hired because they do not fit the new-age “image” of the company;
Older employees are reprimanded for conduct which other employees suffer no consequences;
Older employees are not given certain tasks due to stereotypes related to their age;
Who Does the Age Discrimination in Employment Act (ADEA) Protect?
The Act protects workers who meet the following criteria:
Must be 40 years of age or older
Must work for the government or an employer with 20+ employees
If you work for an employment agency or a labor organization, you may also file an age discrimination claim under the ADEA.
What If My Employer Retaliates In Response to A Discrimination Claim?
It is unlawful for an employer to retaliate against an employee for having filed a discrimination claim. In the event the employer retaliates, the wrongfully-terminated employee may be entitled to damages including lost wages, lost benefits, and possibly even reinstatement.
If you have been a victim of age discrimination, you may also be able to recover lost compensation including future earnings and damages for emotional distress. Please call Sethi & Mazaheri at 646-397-1287 in order to discuss your age discrimination claim.
26 Broadway, 21st Floor
New York, NY 10004
121 Newark Ave., 5th Floor
Jersey City, NJ 07302
1727 King St., #300
Alexandria, VA 22314
(Federal immigration practice only)
Disclaimer ¬© 2013 Sethi & Mazaheri, LLC.