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Age discrimination lurks in new job cultures

A new form of discrimination is rearing its ugly head and could affect many workers in the New York City area. While some argue that this type of discrimination is not actually new, age discrimination is reappearing.

An example of this lies in a recent claim by a man who was denied employment with a technology firm despite having served the firm as a temporary employee on two separate occasions. When one of the positions became vacant, the firm posted a notice of the opening.

The man, whose credentials met every item listed for qualification, applied for the job but was told that he would not be hired because the company did not wish to employ someone "with so much experience that they would be inflexible." The man was in his 60s, and the person hired to fill the position was 36 years old.

The rejected applicant filed a claim against the company citing age discrimination, and the judge determined that the claim did have merit based upon the likelihood that a juror would also see this as discrimination.

It is estimated that two-thirds of job applicants and employees who range in age from 45 to 74 are increasingly experiencing instances of age discrimination in the workplace or in seeking employment.

People who feel that they have been subjected to age discrimination should not give in to the urge to feel defeated but should be aware of their rights under the law. Consulting an attorney who is experienced in employment law may be a wise choice; the attorney might give the prospective employer pause to reconsider or, if applicable, help the worker pursue recourse through the court system.

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Kessler Matura P.C.
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