New York Age Discrimination Lawyer

As the baby boom generation ages, and older workers remain in the work force for longer periods, the laws that govern discrimination on the basis of age will only become more important. The attorneys at the New York City law firm of Cary Kane LLP are available to advise and represent employees with claims of age discrimination in their employment.

Below is a brief look at the laws concerning age discrimination. If you feel you have been the victim of discrimination based on age in the course of your employment or prospective employment, contact a New York age discrimination attorney at Cary Kane LLP today to schedule an initial consultation.

The Age Discrimination in Employment Act of 1967 (ADEA)

The Age Discrimination in Employment Act of 1967, better known as "ADEA," was passed in order to prevent discrimination against current employees or prospective employees based on age. Specifically, the ADEA protects workers 40 years of age or older, and the law applies to all terms and conditions or privileges of employment. What this means is that the ADEA disallows discrimination on the basis of age as a factor in hiring, firing, training, promotions, benefits and compensation, among other factors.

The Older Workers Benefit Protection Act (OWBPA)

In 1990, Congress amended the ADEA through a law known as the Older Workers Benefit Protection Act ("OWBPA") to provide further protection to older employees with respect to employee benefits. The OWBPA prohibits discrimination with respect to employee benefits based on age, and prohibits employers from offering certain types of severance agreements or early retirement packages if those offers improperly favor younger workers over older ones. In some circumstances, an employer is permitted to reduce benefits to older employees, if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger employees.

In some cases, an employer will ask an employee to waive their rights under the ADEA in order to settle a claim or as part of a severance or termination agreement. OWBPA provides certain protections that allow workers over 40 years of age a period of 21 days to consider such an offer and a period of 7 days to revoke their acceptance of such an offer. If you have been offered a severance package that asks you to waive your rights, you should consult with an attorney who can review the offer and advise you of your rights. The attorneys at Cary Kane LLP are experienced in reviewing such offers and negotiating severance packages with employers.

State and City Laws

New York State and New York City have also enacted laws that serve to protect workers from age discrimination. In some cases, the New York State Human Rights Law and New York City Human Rights Law offer more protection than the ADEA. For example, the state and city laws do not just protect workers who are 40 years or older, but also prohibit age discrimination against anyone over 18 years of age. Often, employees will pursue a claim of discrimination under the ADEA, the New York State Human Rights Law, and the New York City Human Rights Law. Attorneys at Cary Kane LLP are experienced in handling such matters under federal, New York State, and New York City law.

If you feel you've been the victim of age discrimination, or would like to have an attorney review a severance agreement to make sure your rights are protected, contact a New York age discrimination lawyer at Cary Kane LLP today to begin the process of evaluating your rights and legal options.