Workplace Discrimination · California & New York
Age Discrimination Attorney
Dealing with a age discrimination issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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Your Employment Rights in California & New York
If you have experienced age discrimination, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Age Discrimination FAQ
What laws protect workers over 40 from age discrimination?
The federal Age Discrimination in Employment Act (ADEA) protects employees 40+ at companies with 20+ employees. California FEHA protects employees 40+ at employers with 5+ employees. New York's Human Rights Law has no minimum employer size and protects workers 18+ from age discrimination, though protections are strongest for those 40+.
What is evidence of age discrimination?
Evidence includes ageist comments by decision-makers ("overqualified," "not a culture fit," "we need fresh blood"), statistical patterns showing disproportionate layoffs or hiring of older workers, being replaced by substantially younger employees, denial of opportunities given to younger peers, and sudden negative performance reviews after years of positive ones.
Can I be forced into early retirement?
Forced retirement is generally illegal under the ADEA and state laws. However, voluntary early retirement incentive programs are legal if the employee's decision is truly voluntary. Under the Older Workers Benefit Protection Act, waivers in severance agreements must meet specific requirements including a 21-day consideration period and 7-day revocation period.
What damages are available in age discrimination cases?
Under the ADEA, you can recover back pay, front pay, and liquidated damages (doubling of back pay) for willful violations, but not compensatory or punitive damages. California FEHA allows unlimited compensatory and punitive damages. New York state and city human rights laws also provide compensatory and punitive damages with no caps.
Other Workplace Discrimination Claims We Handle
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