New York City law prohibits employers with four or more employees from making hiring, firing or any other employment decisions based on age, even if you are under 40 years old. As of January 11, 2020, the protections against age discrimination in New York City apply to independent contractors.
Proving age discrimination in hiring can be challenging but is possible through direct evidence, such as age-related comments during interviews, disparate treatment evidence showing a pattern of hiring younger employees despite older candidates being more qualified, and disparate impact evidence where policies ...
To establish an age discrimination claim, the employee must show that: they were older than 40; their suffered an adverse employment action; they were qualified for the job and met the defendant's legitimate expectations; and.
An employer's use of the term “overqualified” may be a sign of age discrimination. It is unlawful for an employer not to hire an experienced older person based solely on the assumption that they might become bored or dissatisfied and leave the job.
New York City law prohibits employers with four or more employees from making hiring, firing or any other employment decisions based on age, even if you are under 40 years old. As of January 11, 2020, the protections against age discrimination in New York City apply to independent contractors.
Contact the NYC Commission on Human Rights at (212) 416-0197 or use this online form to report your case. Whether in employment, housing, or places of public accommodation, if you have faced discrimination because of who you are, let us know about it. You can even do it anonymously!
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
What are the Legal Requirements for Claiming Age Discrimination? Before you pursue legal action against your former employer, you must file a claim with the Equal Employment Opportunity Commission. In California, you must file your claim within 30 days of the discriminatory act.