Age Discrimination Attorneys in Long Island, NY

What is Age Discrimination on Long Island?

Age discrimination in employment is any discrimination against a person from the hiring practice through termination due to age. New York state law applies much more broadly than federal law, providing greater protections for employees on Long Island and throughout the state of New York.

The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against anyone who is aged 40 or older. According to the EEOC, the law “does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.” New York is one of the states that does have a law that provides protection to younger workers, too.

The New York State Human Rights Law states that “an employer may not refuse to hire or promote an employee, and may not terminate an individual because of age, and must provide the same terms and conditions of employment irrespective of age, including salary.” Under the New York State Human Rights Law, all of the following types of actions are prohibited as forms of age discrimination:

• Employer (or potential employer) inquires about employees’ ages in connection with limitations of employment;
• Employer (or potential employer) uses a job application that expresses, either directly or indirectly, a limitation on the age of workers;
• Employer (or potential employer) advertises a job for employees only within a certain age bracket;
• Employer denies entrance into an apprentice program due to an applicant’s age;
• Employer establishing seniority based on age;
• Employer establishes layoff protocols based on age;
• Employer establishes recall lists based on age;
• Employer offers different benefits, services, or membership options to employees based on their ages;
• Employer requires mandatory requirement at a certain age; and
• Employer asks questions about a job applicant’s age that are not tied to a bona fide reason like licensing requirements.