Age Discrimination Defense Attorneys in Connecticut & New York

Workplaces across Connecticut and the rest of the country are becoming more diverse, including in terms of employee age. As worker age diversity increases, so does the risk of age discrimination. As an employer in Connecticut, it’s important to understand how age discrimination happens, the federal and state laws that protect older workers, employers’ responsibilities, and employees’ rights.

If you’re facing allegations of age discrimination, you need an attorney with an in-depth knowledge of employment and labor laws. Contact Mitchell & Sheahan, P.C., for a consultation with one of our experienced attorneys and learn more about how to protect your business from age discrimination lawsuits.

What Is Age Discrimination?

Age discrimination occurs when an employee or job applicant receives less favorable treatment due to their age. This form of discrimination can appear in various aspects of employment, from hiring and promotions to job assignments, training opportunities, and layoffs.

Discrimination against older workers often stems from misconceptions about their ability to perform tasks, adapt to new technology, and learn new skills. However, these biases can harm businesses in multiple ways, from the potential for discrimination lawsuits to the loss of valuable experience.

Federal Age Discrimination Laws

The two primary federal laws protecting employees and job applicants from age-based discrimination are the Age Discrimination in Employment Act of 1967 (ADEA) and the Age Discrimination Act of 1957.

Age Discrimination in Employment Act of 1967

The ADEA is the primary federal law protecting older individuals from workplace discrimination. It applies to individuals who are 40 and older and affects employers with 20 or more employees. Under the ADEA, employers cannot:

• Refuse to hire or discharge an employee due to their age
• Segregate or classify employees due to their age in ways that negatively impact their employment
• Limit employees’ opportunities based on their age
• Retaliate against employees for filing an age discrimination complaint or participating in a discrimination investigation

Age Discrimination Act of 1975

The Age Discrimination Act of 1975 prohibits age discrimination by businesses or programs that receive federal financial assistance regardless of their number of employees. Employers with government contracts or ties to federal programs must make sure no age-related discrimination occurs within their businesses, or they may face penalties for non-compliance.

Connecticut Age Discrimination Laws

The Connecticut Fair Employment Practices Act (CFEPA) adds additional protections for older workers within the state by expanding the number of businesses that must comply with discrimination laws. While the ADEA applies to employers with 20 or more employees, the CFEPA applies to employers with three or more employees.

What Counts as Age Discrimination in Connecticut?

To avoid discriminating against older workers, employers in Connecticut must understand the specific types of actions and behaviors that could count as age discrimination. Some of the most common places where age discrimination occurs are:

• Job Advertisements – Age discrimination can begin as early as the hiring process. Job advertisements that specify a preferred age range or use language to deter older applicants may violate federal and state laws. Employers should make sure job postings focus on required skills and qualifications rather than age.
• Hiring Practices – It is illegal to use age as a deciding factor in hiring decisions. This includes asking age-related questions in interviews or favoring young candidates based on the assumption that they will work longer. Employers must evaluate applicants based on their skills, experience, and qualifications without considering their age.
• Discriminatory Policies – Workplace policies that disproportionately affect older workers could be discriminatory. For example, introducing physical requirements that are not essential to job duties can violate age discrimination laws.
• Harassment – Age-based harassment can contribute to a hostile work environment. This includes derogatory comments or jokes about an employee’s age, physical ability, or technological skills. Employers are responsible for making sure all employees receive the respectful treatment they deserve regardless of age.
• Promotions – Older workers should receive equal consideration for promotions and career advancement opportunities. Denying an older employee a promotion in favor of a younger, less qualified individual solely based on age may violate discrimination laws. Promotions should be based on performance, experience, and the ability to meet job requirements.
• Forced Retirement – Mandatory retirement policies are illegal unless specifically allowed under narrow exceptions, like some public safety positions. Employers cannot force or pressure employees into retiring once they reach a certain age.

Employer Responsibilities in Connecticut

Employers in Connecticut are responsible for creating an environment free of age discrimination. This involves taking several key steps:

• Review and Update Policies – Regularly review job advertisements, recruitment strategies, and workplace policies to maintain compliance with laws.
• Provide Employee Training – Offer training sessions to employees on recognizing and preventing age discrimination.
• Handle Complaints Promptly – Have a clear process for handling age discrimination complaints, including promptly investigating the claims.
• Promote Diversity and Inclusion – Actively encourage a workplace culture that values the diversity of all team members, including age diversity.

Employee Rights in Connecticut

Some of the core rights employees in Connecticut have regarding age include:

• Equal Treatment – Employees 40 and older have the right to receive equal treatment from their employers and coworkers, including the right to equal work opportunities.
• Harassment-Free Environment – Employees have the right to work in an environment free from age-based harassment or hostile treatment.
• Filing Complaints – Employees have the right to file an age discrimination complaint with the Connecticut Commission on Human Rights and Opportunities (CHRO) or the Equal Employment Opportunity Commission (EEOC) without fear of retaliation.
• Seeking Remedies – Employees subjected to age-based discrimination may be able to seek reinstatement or compensation by suing their employer.

Contact Our Stratford Employment Defense Lawyer

If you’re an employer in Stratford, Connecticut, facing an allegation of age discrimination, or if you have questions about federal or state discrimination law compliance, contact Mitchell & Sheahan, P.C.

Mitchell & Sheahan, based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.