A new study by AARP shows that age discrimination in the workplace for seniors over 55 is widespread. As reported by CBS New York, AARP’s study noted that it took a New Yorker over the age of 55, who lost their job, over four months longer to find a new job than a younger job applicant in the same situation.
The study also questions people above age 50 who reported the following about either himself/herself, a friend or family member who turned 50:
• 26 percent were not hired because of their age;
• 24 percent were passed over for a raise or promotion due to age;
• 23 percent were laid off, fired, or forced out of a job since turning 50;
• 27 percent were encouraged or forced to retire;
• 23 percent were subjected to unwelcomed comments about their age.
Older workers are often faced with this kind of treatment. Federal Law does not permit an employer to engage in age discrimination against an employee who is 40 years of age or older. Likewise, under New York State and New York City Law, an employer is prohibited from engaging in age discrimination against an employee who is more than 18 years old. This includes discriminating against a person because of his/her age with respect to any term, condition or privilege of employment, including firing, hiring, layoff, promotion, benefits, compensation, training and job assignments.
You may have a case against your employer for age discrimination if you are older than 40 (Federal Law) or 18 (NYS Law) and
- You were qualified for your position or performed satisfactorily
- Despite your qualifications, you were treated in an adverse manner, and
- Someone younger (Federal Law) or older (NYS Law) than you, with the same or similar qualifications was treated better.
If you believe that you have faced discrimination at work because of your age, you should be aware that laws exist to protect you. Consult an attorney and protect your rights.
