While corporate America tries to avoid even the appearance of age discrimination in fear of litigation, complaints regarding this issue filed with the Equal Employment Opportunity Commission (EEOC) have risen 30 percent since 1997. In fact, Ohio-based shoe retailer DSW agreed to a $900,000 settlement last fall to compensate seven former managers and around 100 additional employees regarding an age discrimination lawsuit. The EEOC, who filed the suit on the workers’ behalf, conducted a 3-year-long investigation that found employees over the age of 40 were unfairly terminated during a “reduction in force”. If you or someone you know believes they have been discriminated against at the workplace due to age, contact the most aggressive employment lawyer NYC has to offer.
Federal law protects workers (and job applicants) over the age of 40 from age-based discrimination in companies with more than 20 employees regarding decisions relating to hiring, termination, layoffs, promotions and other conditions of employment. While this law does not prevent someone from being fired, it prohibits age to be the sole factor in the decision. The burden of proof that age – and not poor performance or a legitimate business reason – was the key factor in the dismissal falls on the former employee.
While direct and express proof is the best evidence, it is more likely that someone who believes they may be a victim of age discrimination will have to accumulate additional evidence to support the allegation. When companies layoff multiple employees and ask that a severance agreement is signed, information about the job classification and age of those selected (and not selected) for the layoff must be provided to the soon-to-be-former employees.
Filing with the EEOC
If someone wishes to pursue an employment discrimination claim, a complaint must be submitted to the EEOC. Generally, this must be done within 180 days of the date the victim became aware of the discrimination. The EEOC will first attempt to settle the matter through mediation. Should this not be successful, an investigation will take place. If there is a reasonable cause to find that discrimination occurred, the EEOC will once again attempt to mediate. Should this fail, the EEOC may take action on behalf of the victim(s) as in the DSW case. Once six months has passed without resolution, a victim of employment discrimination may request a “right-to-sue” letter from the EEOC as well as any information discovered during the investigation process and proceed with a private suit.
Employment Lawyer NYC
The most aggressive employment lawyer NYC has to offer can help you fight for your right to work. No two employment discrimination cases are the same. Don’t be intimidated. Employers often have the financial means to hire powerful lawyers to represent them in employment-related legal issues. Whatever employment issue you may be facing, the knowledgeable legal professionals at Levine & Blit, PLLC can help. Call its New York City office at (212) 967-3000 today to schedule your initial, no-obligation, and case evaluation. Contact an industry-experienced employment lawyer today.