What constitutes Age Discrimination in the Workplace

Age discrimination in the workplace is the unfair or unfavorable treatment of an employee or job applicant because of their age. It involves making employment decisions, such as hiring, firing, promotion, or compensation, based on age rather than on a person's skills, qualifications, or performance.

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Common Signs of Age Discrimination in the Workplace

• Being passed over for promotions in favor of younger, less qualified employees

• Age-related comments, jokes, or insults

• Layoffs or terminations that disproportionately affect older workers

• Being pressured to retire

• Performance improvement plans (PIPs) or negative performance reviews after a history of good performance

• Being excluded from meetings, projects, or training

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Some examples of Age Discrimination in the Workplace 

• Age-related comments or insults: Jokes about an employee "being over the hill," "ancient," or "set in their ways."

• Being passed over for promotions: A qualified older employee is repeatedly overlooked for promotions in favor of a younger, less-qualified coworker.

• Layoffs that disproportionately affect older workers: A company conducts a reduction in force (RIF) where a large percentage of those laid off are older employees.

• Forced or encouraged retirement: An employer pressures an older employee to retire or offers an early retirement package that is not truly voluntary.

• Denial of training or new opportunities: Older employees are denied access to training programs or new projects, with the assumption that they are close to retirement or unwilling to learn new skills.

• Sudden negative performance reviews: An older employee with a history of good performance suddenly receives poor reviews, creating a paper trail to justify termination.

• Replaced by a younger employee: A terminated older employee is replaced by a much younger employee, especially if the new hire is less qualified but paid less

 

​Common Age Discrimination in the Workplace Questions:

• Can I be fired for no reason?

• Is a severance agreement fair? 

• Proving Age Discrimination: What Evidence Do You Need?

• Early Retirement Packages: What Are Your Rights?

• Age Discrimination vs. Performance Issues: How to Tell the Difference?

• How can I file an EEOC Complaint for Age Discrimination?

• What is considered age discrimination in the workplace?

• At what age does age discrimination protection begin?

• Is it legal for an employer to ask my age or birth year in an interview?

• Can I be fired or not hired because I’m considered "too old"?

• How do I prove age discrimination at work?

• What laws protect against age discrimination in the workplace?

• What is the Age Discrimination in Employment Act (ADEA)?

• Does age discrimination apply to younger workers too?

• Can job postings include age preferences or coded language?

• Is it discriminatory to deny promotions to older workers?

Common Age Discrimination Workplace Situations:

• I’m being pushed out of my job slowly—could this be age discrimination?

• What should I do if my boss makes age-related jokes or comments?

• Is mandatory retirement allowed?

• My role was eliminated and replaced with a younger employee—what can I do?

• Can I be denied training or development opportunities because of my age?

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Employment Lawyer Specializing in Age Discrimination

If you believe you have been a victim of age discrimination in the workplace, contact The Law Office of Joshua P. Frank, PLLC located in Garden City, NY (Nassau County).  Joshua P. Frank is an experienced employment lawyer who specializes in age discrimination on Long Island (Nassau County & Suffolk County) and in NYC and can:

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• Evaluate your case: Top Long Island Employment Law Firm, The Law Office of Joshua P. Frank, PLLC located in Garden City (Nassau County) can assess the specific facts of your situation, determine if you have a valid claim under federal and/or state law, and advise you on the best course of action.

• Gather evidence: Top Long Island Employment Law Firm, The Law Office of Joshua P. Frank, PLLC located in Garden City (Nassau County) can help you gather and organize the necessary documentation, such as performance reviews, emails, and witness statements, to build a strong case.

• Negotiate on your behalf: Top Long Island Employment Law Firm, The Law Office of Joshua P. Frank, PLLC located in Garden City, NY (Nassau County) can negotiate with your employer for a severance package or other settlement, potentially avoiding a lengthy legal battle.

• Represent you in legal proceedings: If necessary, The Law Office of Joshua P. Frank, PLLC can file a complaint with the appropriate agency and represent you in court.​

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Top Employment Lawyer, Joshua P. Frank is knowledgeable about both the federal ADEA and the stronger protections provided by the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law.