Florida and New York Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects employees who are age 40 or older from age discrimination.

What are examples of age discrimination comments or conduct?

It is unlawful to harass an employee because of his or her age. Unlawful age harassment may involve:

• Forced Retirement: Pressuring older employees to retire earlier than they wish or enforcing mandatory retirement ages.
• Firing, Demoted, or Laying Off: Based on an employee’s age rather than performance or other non-age-related factors.
• Offensive or Derogatory Remarks: If frequent or severe, and made about a person's age, it could be a sign of age discrimination.
• Hiring or Promotion Decisions: Refusing to provide job benefits because someone is considered too old, despite their qualifications and experience.
• Job Assignments: Assigning less favorable tasks, projects, or roles to older employees compared to their younger employees. receiving less pay than younger employees.
• Pay Disparities: Offering lower wages or less favorable compensation packages to older employees compared to younger employees with similar roles and experience.

Also note that the harasser can be the co-worker, victim's supervisor, a supervisor in another department, a client, or a customer, or an individual who is not an employee of the employer.

Am I protected from age discrimination if I am younger than age 40?

While the ADEA does not protect workers under the age of 40, although some states—such as New York—have laws that protect younger workers from age discrimination. Otherwise, it is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older. Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.

Contact our experienced age discrimination attorneys of O’Connell Law, PLLC in New York City and Miami, Florida for a free consultation.

Do not be afraid to learn about your rights and stand up for your rights. Contact the age discrimination attorneys of O’Connell Law, PLLC today to learn more about your rights in the workplace and to see if your case qualifies as a FREE initial consultation. Call our office at (305) 209-9246 or email us at Office@KellyOconnellLaw.com.

Written by Kelly O’Connell, the founding partner of O’Connell Law, PLLC. Ms. O’Connell focuses her practice on employment law and discrimination litigation in New York and Florida. With over 12 years of legal experience, she has helped her clients recover millions.