Given the fact that about a third of America's working force will be above the age of 50 by 2022, the state of New York included, ageism and age discrimination in the workplace are serious matters that need to be tackled head-on. To make matters worse, age discrimination is so prevalent in today's workplace that, according to some estimates, six out of every ten employees above the age of 45 have been exposed to it in some way or form, and nine out of every ten senior employees describe ageism as a common practice in today's workplace.
According to an Indeed.com survey, 43 percent of workers who participated in the study fear that they will lose their jobs because of their age. This is because there is less of a stigma of discriminating against an employee based on age when compared to discrimination based on race or gender. However, workers in New York and throughout the country may not need to worry about age discrimination as much as they do.
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.
Those who work as independent contractors lack many protections afforded to employees. They also generally lack many of the benefits that employees are given such as vacation pay and a 401k. In many cases, those who provide services as an independent contractor in New York don't fully know their rights. For instance, one man was terminated from a position at WorldatWork despite receiving favorable reviews from his students.
Federal law prohibits employers in New York and elsewhere from discriminating against employees due to their age. Despite this, many businesses continue to show bias against older workers.
There are many ways in which New York employees and others can be discriminated against at work. People who feel as if their rights have been violated may first need to file an Equal Employment Opportunity Commission (EEOC) charge. It must be filed within 180 days of an event that an individual believes was a violation of employment laws. Once the charge has been filed, the company is notified of the charge.
Older workers in New York who believe that they have experienced age discrimination on the job may have legal recourse. It is important that older workers are able to recognize the signs of age discrimination in the workplace and take the appropriate steps to address the issue.
A survey of older adults conducted by the American Association of Retired Persons indicated that almost 66 percent of respondents had witnessed or experienced age discrimination in the workplace. Only three percent make complaints though, according to the Equal Employment Opportunity Commission. For older workers in New York, it is important to know how to report instances of age discrimination, and what rights they have.
Employees over the age of 40 in New York and throughout the country are protected by the Age Discrimination in Employment Act. However, age discrimination still happens, and the Equal Employment Opportunity Commission, or EEOC, is getting tougher when it comes to pursuing age discrimination claims. The acting chair of the EEOC said that it was a topic she takes personal interest in.
Most job seekers in New York turn to the internet, but the demographic targeting enabled by online advertisers appears to be preventing older job candidates from viewing job opportunities. Lawsuits on behalf of people who experienced age discrimination have begun to hit the court system. These cases could establish whether age filtering on job advertisements represents illegal conduct.