Age Discrimination Attorney in Rochester, NY
Age discrimination is relatively common in modern workplaces, but that doesn’t make it OK. Discriminating against an employee based on their age is illegal because age is a protected status. If you’ve been discriminated against on this basis, you should hire a Rochester age discrimination lawyer to help you file a claim and get the compensation you deserve for your suffering.
Trust Gattuso & Ciotoli, PLLC
You can trust the team here at Gattuso & Ciotoli, PLLC, to help you resolve your age discrimination case. We can help with everything from filing paperwork to gathering and evaluating evidence, and, if it becomes necessary, we can represent your interests in court should your case go to trial.
Why Hire an Age Discrimination Lawyer?
Adults aged 50 and up are among the most engaged workers, with 65% reporting being fully engaged at work, compared with 58-60% among their younger counterparts. Despite this fact, age discrimination still abounds in our society. In 2024, the Equal Employment Opportunity Commission (EEOC) received 16,223 complaints of age discrimination, and 74% of older Americans believe their age could act as a barrier to their getting a new job.
Whether you’re concerned that age discrimination is stopping you from getting a new job or impacting your upward mobility at your current company, you should hire an age discrimination lawyer who can help in Rochester. Age discrimination lawyers can evaluate the strength of cases and determine whether there’s sufficient evidence to go to the EEOC with a claim. They can gather evidence, interview witnesses, represent your rights and interests in court, and more.
Age Discrimination Laws
The primary law that protects older Americans from discrimination is the Age Discrimination in Employment Act (ADEA). This federal anti-discrimination law was passed in 1967 to protect the rights of older workers. It applies to all workers 40 and older who work for companies with 20 or more employees and prevents employers from discriminating based on age when making decisions about:
- Hiring
- Firing
- Layoffs
- Promotions
- Compensation
- Benefits packages
- Job assignments
- Training
It doesn’t matter if a company policy applies to all workers. If that policy impacts workers age 40 or older because of their age, it may still be illegal.
The ADEA also protects employees from age-based harassment. To qualify as harassment, the behavior must be extensive or severe enough to create a hostile work environment or lead to a negative employment decision regarding the protected worker.
New York State Age Discrimination Laws
The Flower City and New York State, more generally, have stricter age discrimination laws than the federal government. They cover more cases than the ADEA, largely because they apply to more employers and prevent age discrimination even at younger ages.
In New York State, it’s illegal for any employer, regardless of size, to make employment decisions based on a worker’s age. These protections also apply to independent contractors, unlike the federal law.
Exceptions to the Age Discrimination Laws
There are some noteworthy legitimate exceptions to the ADEA. They include:
- Bona fide occupational qualification. Some age limitations are legal if there is a legitimate reason to implement them. The employer must reasonably believe that workers over a specified age can’t perform the job safely, and that assessing each worker individually is either impossible or highly impractical.
- Bona fide seniority system. If a company has a seniority-based system that determines benefits and wages, that’s acceptable.
- Bona fide executive or high policymaker. Executives and those who make policy decisions can be forced to retire at age 65, provided they receive a minimum annual pension benefit of $44,000 or more.
Age Discrimination Penalties
Victims of age discrimination are not eligible to recover compensatory or punitive damages under the Equal Pay Act, but they may recover liquidated damages. You can expect to receive an amount equal to the back pay you’re owed from your employer.
FAQs
Is It Hard to Win an Age Discrimination Case?
It is hard to win an age discrimination case because you must prove that age was the sole determining reason for your employer’s action, and it’s often hard to find evidence that this is the case. You’ll need to show a pattern of behavior, such as younger employees consistently being favored for promotions, or documented age-related comments. You can improve your chances of winning your case by hiring a Rochester age discrimination attorney.
What Is the Average Payout for an Age Discrimination Case?
There is no average payout for an age discrimination case because each of them is different. If you’re awarded a settlement, its size could vary based on factors such as the strength of your evidence, your employer’s size, and whether you lost wages as a result of the discriminatory behavior.
What Evidence Is Needed to Prove Age Discrimination?
The evidence needed to prove age discrimination includes anything that shows a pattern of behavior that favors younger employees. Documentation can include emails and job listings, and witnesses to the behavior may need to be called to show a pattern. You should also document any age-related comments or missed opportunities that you weren’t offered because of your age.
How Much Do Discrimination Lawyers Charge?
How much discrimination lawyers charge can vary significantly. More experienced lawyers tend to charge more than those just beginning practice, and cases often cost more to resolve if they must go to court. A complex case that requires going to trial will always cost more than a simple one that can be resolved in negotiations.
Your Rochester Age Discrimination Lawyer
Age discrimination is a pervasive problem that deserves to be taken seriously. If you’re in need of a Rochester age discrimination lawyer, you can turn to Gattuso & Ciotoli, PLLC. With over 50 years of combined experience, our attorneys are intimately familiar with employment law, including age discrimination laws. We have what it takes to protect your rights and get you the compensation you deserve. Contact us to schedule an initial consultation today.