The State Division of Human Rights carries out administrative proceedings. The ADEA is a federal law making it unlawful for an employer to refuse to hire or discharge any individual, or to otherwise discriminate against an individual with respect to his or her compensation, terms and conditions and privileges of employment because of age. The ADEA applies to employers, employment agencies and labor unions with respect to all employment practices including hiring, discharge, promotion, demotion, fringe benefits, training opportunities, working hours and compensation. Seniors who feel as if they have been discriminated against may opt to initiate a federal lawsuit, state lawsuit, or an administrative action through the NYS Division of Human Rights. If age is a factor in employment decisions made with regard to training opportunities, promotions, or downsizing, then a case of age of discrimination may be appropriate.
Age discrimination can occur by and against youths and the elderly.
Once these agencies begin their investigation, the complainant may request a right to sue letter, which is necessary to initiate a lawsuit against the employer in federal court. It is important to note that an employer may be entitled to force an employee to retire at a certain age. While the ADEA forbids mandatory retirement at a certain age, an exception is incorporated into the law for bona fide executives or policy makers. If a person is successful in a lawsuit based upon age discrimination, the relief can be either equitable or compensatory. A person can be hired, re-instated, promoted, receive front pay or back pay.