New York Age Discrimination laws & HR compliance analysis

New York Age Discrimination: What you need to know

The New York Human Rights Law prohibits age discrimination in employment practices against individuals 18 years of age or older. The law covers employers with four or more employees (NY Exec. Law Sec. 296 et seq.). Under the law, it is unlawful for an employer to:
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• Refuse to hire or employ or to discharge an individual or discriminate against such individual in compensation or in terms, conditions, or privileges of employment because of age.
• Print or circulate any advertisement or publication or to use any form of application for employment that expresses any limitation, specification, or discrimination as to age, unless based on a bona fide occupational qualification (BFOQ).
• Make any inquiry in connection with prospective employment that expresses directly or indirectly any limitation, specification, or discrimination as to age, unless based upon a BFOQ.
• Aid, incite, compel, or coerce the doing of any of the acts forbidden under the law or to attempt to do so.
• Discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under the law or because he or she has filed a complaint, testified, or assisted in any proceeding under the law.
• Deny admittance to an apprenticeship training program, on-the-job training program, executive training program, or other occupational training or retraining program because of age.
The 2nd Circuit Court of Appeals has ruled that an employer's refusal to retain an older employee who offered to work for less than what was paid to his replacement provided sufficient evidence that the employer's motivation for firing the employee might have been unlawful age discrimination (Carras v. MGS 728 Lex, Inc., 310 Fed. Appx. ...

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