New York Employment Lawyers Blog

New York City... the city of lights, the city that never sleeps. One of the main perks of NYC is the nightlife including the unique music, comedy, restaurants and Broadway shows. On the music front, jazz is a significant part of the heartbeat of New York. The Village Vanguard located in the heart of Greenwich Village is one of the most popular jazz spots. Built almost eighty years ago, the Village Vanguard has hosted famous performers like Miles Davis, Thelonious Monk and Stan Getz.

Despite its much-acclaimed history, the Village Vanguard has not been immune from age-based discrimination and sexual harassment claims. For example, take the case of Madeleine Abel. Madeleine Abel worked as a waitress at the Village Vanguard for thirty-five years. Abel alleges that Jed Eisenman, a manager at the Vanguard, inappropriately touched her breasts and butt on numerous occasions. Furthermore, Eisenman told Abel days before she was fired that she was getting too old to work and didn't look good anymore. Abel reported Eisenman's comments to other managers at the Vanguard but they failed to remedy the situation. Instead, Abel was terminated in 2011 at the young age of 63.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits the firing and/or discrimination of an employee based solely on an individual's age. While Abel's allegations seem to fit squarely within the ADEA, the Village Vanguard ought to make changes to its employment practices that reduce the chances of ADEA violations in the future. Potential changes include providing more flexible hours to older employees and increasing training for managers. New York City is the financial, fashion, media and entertainment capital of the world. Therefore, NYC establishments such as the Village Vanguard ought to act as examples that the rest of the country can follow.

A veteran California weatherman is suing CBS broadcasting for sex discrimination, saying the network only wants to hire sexy young women to give the weather reports.

In a suit filed Thursday, award-winning meteorologist Kyle Hunter claims he was passed over for meteorologist jobs at KCBS and KCAL because he was over 40 and a man, according to The Hollywood Reporter.

Hunter alleges that in 2010 he was in the running to replace longtime KCBS weatherman Johnny Mountain, but instead the station hired a younger woman, Jackie Johnson, even though Hunter was "far more qualified, and far more experienced."

He then applied for Johnson's old job at KCAL, where he claims he was again passed over for a younger beauty "whose age and gender were key considerations in the hiring decision," Hunter stated in the lawsuit.

Hunter says he received an email from KCAL higher-ups saying there "was not an opening" before the station hired Evelyn Taft, who had been a weather reporter in Florida but was not certified by the American Meteorological Society, according to the suit.

The weather reporter has a bachelor's degree in geosciences and broadcast meteorology, is certified by the American Meteorological Society and has more than 20 years of experience as a weathercaster in San Diego and Los Angeles, he says in his suit.

This case has been called "the first of its kind" because a man was claiming sex and age discrimination, not a woman.

It is important because although most victims of gender discrimination are female, men such as Kyle Hunter can also be victims and they are also protected from sex and age discrimination under the law.

A growing number of older workers apparently share feelings of ongoing age bias, according to statistics from the U.S. Equal Employment Opportunity Commission.

In 2011, the commission received 23,465 "receipts" or formal filings alleging age discrimination - 35 percent more than in 2001. In Utah, age-discrimination receipts totaled 181 in 2011, a 10 percent increase over the past decade.

"We're seeing more complaints in large measure because there simply are more older workers in the workforce," said Monica Austen, a case manager for the Utah Anti-Discrimination and Labor Division. "People also are more aware of federal and state protections against age discrimination and legal and administrative remedies."

According to the U.S. Bureau of Labor Statistics, the number of workers age 55-64 is projected to rise 40 percent from 2006-2016, nearly double that for those over 65. By 2016, workers age 65 and over are expected to account for 6.1 percent of the total workforce, compared with 3.6 percent a decade earlier.

Four in ten Utahns have experienced "at least one form of age discrimination in the workplace," according to a 2001 survey by AARP. "About one in six say (he or she), a family member, or a friend has been laid off, fired or forced out of a job or has been encouraged to retire early because of age," the survey indicated. "One in seven respondents say that since turning 40, (he or she) or someone close to them has either not been hired for a job or has received unwelcome comments about age in the workplace. Slightly fewer say that (he or she) or a family member or a friend has been passed up for a promotion, a raise, or been denied the opportunity to learn new skills."
"When the economy is strong, it's easier for people who have been fired or laid off to find another job quickly - and they're more likely to disregard perceived discrimination and move on with their lives," he said. "But with high unemployment, people are more fearful and willing to go to state and federal agencies with claims of discrimination."

The technology boom is not for everyone. When it comes to thwe technology sector, experts say if your over 35 or 40, you are pretty much over the hill. And if you look at the hiring practices at some of the valley's hottest Internet and social networking companies, it's hard to overlook the cold hard reality that age discrimination is prevalent.

Never mind that job discrimination of people over 40 is illegal. It's just really hard to prove, primarily because the salary differential between someone right out of school and someone with 10 to 20 years of experience is likely to be huge and there's no law against employers hiring less expensive labor to save money.

Still, the evidence is overwhelming.

According to a New York Times article, workers over 35 reguarly face discrimination by technology companies. According to PayScale, which has the world's largest employee compensation database, the median ages of employees at Apple, Google and Facebook are 33, 31 and 26, respectively. Contrast that with HP and IBM, both of which have a median employee age of 44. That's an extreme gap.

Are youinger coworkers getting rasies and promotions that you deserve? Do you feel you are treated with less respect because of your age?

If so, you are protected by the Age Discrimination in Employment Act of 1967 (ADEA). Ageism is illegal. This federal law protects employees and job applicants, age 40 and above, from differential treatment based on age. This includes hiring, firing, pay promotion, layoffs, benefits, etc. Age limits are only legal when an age-related condition could impair your performance.

This act is enforced by the EEOC. The laws apply to employers with 20 or more employees.
Know your rights against Age Discrimination.