888-831-8615
Shulman Kessler LLP
888-831-8615
${site.data.firmName}${SEMFirmNameAlt}
Call For A Free Consultation | Se Habla Español
888-831-8615

What qualifies as age discrimination?

According to the Equal Employment Opportunity Commission, age discrimination in New York occurs when someone, either an applicant or employee, is treated differently than others because of their age. However, according to the Age Discrimination in Employment Act, it is only considered to be illegal when the individual in question is 40 years of age or older.

It is important to note that the ADEA does not protect people who are discriminated against because they are younger than 40 years old or are passed over for a job that is given to someone who is older than 40. Also of note is that fact that even if both parties are over the age of 40, the court may still rule that age discrimination has taken place.

The law specifically forbids employers from discriminating on the basis of age, for those of 40 and older, in relation to hiring, firing, pay, promotion and assignments. Additionally, harassment is considered unlawful if is frequent or severe enough to create a hostile work environment that results in the victim being fired or demoted. However, offhand comments and isolated incidents may not fall under the heading of harassment.

Discrimination in the workplace can not only include failing to hire, promote or give promotions to deserving individuals, it can also involve an environment that is oppressive. This can be the result of pervasive comments or attitudes, and those who are affected have the ability to have these issues addressed. If an employer refuses to appropriately handle these situations, an attorney with experience in employment law matters may be able to provide assistance to someone facing discrimination in the workplace.

Source: U.S. Equal Employment Opportunity Commission, "Age Discrimination", September 19, 2014

No Comments

Leave a comment
Comment Information
office building

Contact Us Today To Schedule A Free Consultation

Reach out to our office today to make an appointment to talk about your issue. Call 888-831-8615 or send us an email.

se habla espanol.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

email us for a response
ADDRESS

Shulman Kessler LLP
534 Broadhollow Road
Suite 275
Melville, NY 11747

Toll Free: 888-831-8615
Fax: 631-499-9120
Melville Law Office Map

CONTACT
Email Us