White Plains Age Discrimination Lawyers
Our White Plains Age Discrimination Lawyers Fight for You
Our Award-Winning White Plains, NY Age Discrimination Lawyers have successfully represented many employees who for Companies based in or near White Plains, Westchester County. Our attorneys are very familiar and experienced handing cases under the Age Discrimination in Employment Act (ADEA), New York State Human Rights Law and the Westchester County Human Rights Law. Whether it was an issue with early retirement, obtaining a bridge for pension benefits, being pushed out of the workplace, being managed out or fired, our Age Discrimination Lawyers have counseled clients who have worked for Pepsico, MasterCard, New York Times, Journal News, Pernod Ricard, Fuji Film, Morgan Stanley, Snapple, Atlas Air, CVS Caremark, JP Morgan Chase, UBS, American Express, Heineken USA, Target, UPS, Goldman Sachs Group and many other employers in Westchester County. If you feel you were treated differently or harassed due to your age, call us now to learn your workplace rights and options at (914) 723-7900. Do not wait to assert your lawful workplace rights. Your job is too important. An overview of Age Discrimination with some illustrative examples is provided below.
Age Discrimination is Wrong and Illegal
It Should not be Tolerated
Basics of Age Discrimination
Age Discrimination occurs when a protected individual (an employee or applicant) is treated less favorable because of his or her age with regard to any aspect of employment, including hiring, firing, pay, job assignments, layoffs, promotions, training, fringe benefits, or any other term or condition of employment. Federal (Title VII of the Civil Rights Act), State (New York State Human Rights Law), and Local (Westchester County Human Rights Law), all prohibit employment discrimination based on age. Federal law protects employees over 40 years or older but state and local laws protect younger employees as well. Some employers are surprised to learn that discrimination can occur when the victim and person who caused the discriminatory conduct are both over 40 years old. Many cases involving age discrimination involve the use of code words such as – the Company wants “new blood”, “new energy”, etc.
Harassment Based on Age is unlawful. It is illegal to harass an employee because of his or her age. Unlawful harassment can include offensive remarks about a person's age (i.e., calling someone grandfather, referring to AARP, etc.). Please remember that isolated comments, while offensive, may not rise to the legal standard of severe or pervasive that forms the basis of a hostile work environment claim. Harassing conduct can be caused by someone other than your supervisor – it is unlawful for a co-workers or a client to harass you as well.Examples of Age Discrimination
Denial of Promotion: If an employee is denied a promotion which is given to a younger employee with less seniority and fewer qualifications.
Comments Evidencing Age Discrimination Animus: If you were denied a job or fired because the employer was looking for someone with “new blood.” When a company announces a group of people they have decided to lay off, and many of these individuals were above the age of 40 even though these individuals were hardworking and had excellent credentials.
Discrimination In Terms of Employment: If an older employee is restricted from taking a training course, but a younger employee is allowed to.
What Should I do if I am a Victim of Age Discrimination
You may want to consider the following factors:
DEVELOP A STRATEGY: Remember that each case is unique and you should speak with an experienced Age Discrimination Lawyer as soon as possible to develop and present the strongest legal arguments in the appropriate forum and manner. At the outset, it is important that you understand your options, strength of your claim, the benefits and the risks (which many employees overlook).
KEEP A RECORD: Your employer maintains a personnel file on your employment. You may want to consider keeping your own file by writing down every instance of discrimination or harassment that you experience – what happened, what was said, what time and where did it occur, were there any witnesses, how did it make you feel, did you complain about it, etc. You should exercise some caution as these documents could become discoverable and viewed by your employer in a lawsuit or administrative proceeding. Since you generally do not have an expectation of privacy, you should keep your notes at home, not at work or on your work computer.
FILE A COMPLAINT: You should consider a written complaint about discrimination to your employer. Review your Company’s complaint process – is there an ombudsman, a Human Resources Contact Person or Complaint Hotline? If you are a member of a union, you may be able to file a grievance under the Collective Bargaining Agreement. Make sure you keep a copy of everything you submit and receive from the Company regarding your complaint.
KNOW YOUR DEADLINES: Depending on your specific facts, you may be able to file a lawsuit, administrative charge or another type of claim. You should consult with an experienced employment lawyer immediately to ensure that you do not miss any deadlines or statute of limitations periods.
Call now to speak with one of our White Plains Employment Law Attorneys to learn your workplace rights, options and how we can help you -- (914) 723-900. Do not hesitate to contact us if you are a victim of race discrimination and your workplace has been affected.