Employees in New York and throughout the country may feel as if they have been discriminated against based on their age. However, a feeling is generally not enough to show that such discrimination has occurred. There must be solid evidence that an employment decision was made in a way that violates existing law. For instance, being passed over for a promotion in favor of a younger person could be an instance of illegal discrimination.
It may also be possible to get a copy of a hiring notice or other information used to attract job applicants. If the notice indicates a preferred age range, it could be illegal, and it could be used as evidence in an age discrimination claim. Other evidence may include text messages from a manager or emails from a hiring manager. It is worth noting that age must be the primary reason why an employee was let go from a job for a claim to be successful.
Workers should also know that age discrimination can occur in other facets of the workplace. For instance, if a person was given an inferior benefit package compared to what younger workers received, that may be considered illegal. As a general rule, most company policies could be discriminatory if they adversely impact those over 40.
Those who are terminated, demoted or otherwise treated differently based on their age may be victims of ageism in the workplace. An employee may be entitled to compensation for back pay and other damages if he or she successfully pursues a claim in court. Employees may also be awarded compensation in a settlement. An attorney may help a worker throughout the legal process by gathering evidence or taking depositions. Legal counsel may assist in settlement talks or in an age discrimination lawsuit.