A Bronx employment attorney can explain when an employer’s actions rise to the level of age discrimination in the workplace. Not all adverse actions against all employees create an actionable claim.
Violation under the Age Discrimination in Employment Act
This act is the federal law that prohibits treating older employees less favorably than younger employees. It applies to workers who are age 40 or older. Therefore, if a victim of age discrimination is 38 or 35, he or she does not have an actionable claim under the Age Discrimination in Employment Act. A Bronx employment attorney can explain that this federal law does not protect younger employees. Therefore, there is not a claim under this law if a particular employer prefers older workers over younger ones.
Prohibited Activities
A Bronx employment attorney can explain that age discrimination can occur in a number of situations. The Age Discrimination in Employment Act prohibits adverse decisions being made about the employee based on the employee’s age in terms of hiring, promoting, laying off, training, job assignments, compensation, benefits, or other terms or conditions of employment. Additionally, harassment based on the individual’s age is also prohibited. Employment harassment based on age is an actionable claim when it is so persistent or severe that it creates a hostile work environment or when it causes an adverse employment decision to be made about the worker. However, this does not mean that every isolated negative comment or less serious action results in an actionable claim. Under the federal law, the perpetrator of the harassment may be the employee’s direct supervisor, another supervisor, a coworker or a customer. The law also prohibits the induction of certain employment policies or practices that have a disparate impact on older employees. This aspect of the law provides an employee with a basis for a claim for the unintentional discrimination that he or she may face due to such a practice or policy. This is true so long as the employment practice or policy is not based on a reasonable factor other than age.
Legal Assistance from Our Bronx Employment Attorney
If you would like more information on age discrimination, contact a Bronx employment attorney from The Law Offices of Delmas A. Costin Jr. by calling (877) 440-0854.
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