New York Human Rights Violations Age Discrimination
According to the 2010 census, there are 8,175,133 people living in New York City. More than 33% of the population is over the age of 45, and of that, 12% of the residences of New York is over the age of 12%.
What is Age Discrimination
Age discrimination sadly occurs when an employer basis an employment decision on a person’s age rather than their qualifications or performance abilities. Age discrimination can be exhibited in all aspects of employment. For example, a person can be discriminated based by an employer based on:
- Hiring practices
- Firing practices
- Training opportunities
What Can a Victim of Age Discrimination Do?
New York State and City law protects victims of age discrimination. New York Executive Law § 296 prohibits age discrimination. New York City also has several statutes to protect against age discrimination.
There is also protection under federal law. The Age Discrimination in Employment Act(ADEA) prohibits employers from discriminating on the basis of age. A victim can make a disparate impact claims. The victim needs to show require proof of discriminatory motive behind the plan or scheme that has created the alleged disparate impact. A disparate impact claim means an employer has created a plan or scheme that on its face seems neutral but in actuality discriminates on the basis of age.
Recent Commission of Human Rights Settlements
In New York City, a victim has the ability of filing a complaint with the New York City Commission of Human Rights. Some recent settlements include:
- Employer ordered to pay $11,000 for compensatory damages for terminating victim’s employment due to his age.
- $5,150 in damages for making a discriminatory employment decision based on an 80 year old victim’s age.
- $5,000 for making a discriminatory employment decision based on age.
- $27,000 for victim who was terminated based on age discrimination.