NEW YORK AGE DISCRIMINATION ATTORNEY FOR ALBANY, SARATOGA, GLENS FALLS AND MORE
The Age Discrimination in Employment Act (ADEA) & New York State Human Rights Law Prohibit Discrimination Based upon Age.
The ADEA makes it unlawful for an employer to terminate or otherwise discriminate against an individual over the age of 40 based upon that person's age. Often a thorough analysis of the circumstances giving rise to the termination, or other adverse employment action, is necessary, in order to determine whether age really was a motivating factor.
A complaint for a violation of the ADEA is generally filed with the EEOC or New York State Division of Human Rights within a short period of time following the discriminatory activity. The decision regarding which agency to file the complaint with will require a case by case analysis.
If a claim has been pending for some time before either agency, the plaintiff may, after being issued the appropriate documents by the agency, commence a lawsuit in state or federal court. It is important to consult with an employment discrimination attorney to determine the most appropriate course of action.
A complaint for a violation of the ADEA is generally filed with the EEOC or New York State Division of Human Rights within a short period of time following the discriminatory activity. The decision regarding which agency to file the complaint with will require a case by case analysis.
If a claim has been pending for some time before either agency, the plaintiff may, after being issued the appropriate documents by the agency, commence a lawsuit in state or federal court. It is important to consult with an employment discrimination attorney to determine the most appropriate course of action.
Q: I believe I have a claim for Age Discrimination. What types of damages are available if I prevail?
A: Under the ADEA back pay damages are the most frequently awarded form of damages. Damages may also include front pay, liquidated (double) damages in the event of a willful violation, and attorneys fees. Under the New York State Human Rights Law similar damages are recoverable, as well as, under some circumstances, compensatory damages (damages meant to compensate the plaintiff for the harm).
Q: I believe I was the victim of reverse Age Discrimination because of my young age. Can I make a claim?
A: The ADEA does not authorize claims for reverse age discrimination, however such claims have been brought under the New York State Human Rights law. If you feel you have been a victim,it is important to contact an age discrimination attorney as soon as possible.
