Age Discrimination on the Rise in the U.S. Job Market

In an era of record-low unemployment, older workers are still facing discrimination in the workplace. Even in areas where employers are desperate for workers, those over 50 may have difficulty in finding a job that suits their talents and experience. According to recent employment statistics, more than half of all workers over the age of 50 lose their jobs before retirement age. In 90 percent of these cases, the affected workers never regain their previous salaries and upward mobility.

Recruitment on Social Media

One of the most subtle forms of age discrimination may be the use of social media sites as recruitment tools. By publishing job openings and recruiting on Facebook, Twitter, and other online sites, companies may be able to limit the number of older people who see and respond to these ads. This can serve as a passive method of screening out less net-savvy individuals and increasing the percentage of younger workers who apply for these jobs.

Screening Out Older Workers

Resumes that include years of experience may be viewed by employers as an indication that the worker is older, which can allow companies to eliminate some of the most qualified applicants for a particular job. The claimed reasons for these actions may be that the individuals are overqualified or that they lack qualifications that are never clearly explained or outlined in the job description.

During the interview process, older workers also experience discrimination based on their appearance. This leads to both conscious and unconscious bias during interviews and can reduce the likelihood that an older applicant will be reasonably considered for the job.

Increased Risk of Prolonged Unemployment

According to figures released by the U.S. Bureau of Labor Statistics, older workers are less likely to find a job quicker than their younger counterparts. A 54-year-old job seeker, for example, takes almost a year to obtain gainful employment on average. A study sponsored by the Federal Reserve Bank of San Francisco found that older applicants were far less likely to find work than their younger competitors.

The study involved 40,000 fictitious resumes sent out by researchers across a wide range of low-skill professions. The older the imaginary candidate, the less likely he or she was to receive a callback. The study also found that age discrimination began earlier for women, with those in their 40s more likely to experience difficulties in obtaining jobs and in achieving promotions in the competitive marketplace. This could lead to financial issues and other challenges for otherwise qualified candidates.

Finding the Right Representation

Many age discrimination victims are discouraged from taking their case to court because of the expense involved in the process. Working with a qualified and knowledgeable attorney who concentrates in employment law is the most reliable way to hold companies accountable for age discrimination. By taking action against companies that routinely bypass older and more qualified applicants in favor of younger candidates, you can do your part to reverse this current and unfortunate trend in the employment marketplace.

At Risman & Risman, we focus on all aspects of New York employment law. We can pursue your age discrimination case and provide you with the best representation for your legal action in and out of court. We approach your case with compassion and comprehensive knowledge of the legal landscape. Call us today at 212-233-6400 to schedule a free consultation with our team. We look forward to the opportunity to serve you.


Parental Leave Policy Prompts Lawsuit, Settlement by JPMorgan Chase

On May 30, 2019, JPMorgan Chase & Co. reached an agreement in a class-action lawsuit regarding its parental leave policies. The father who initiated the case had been denied the 16 weeks of paid parental leave offered by the company because he was deemed not to be the child’s primary caregiver. The proposed settlement will include changes to the company’s policy and training to make sure that the parental leave policy is handled in a gender-neutral and nondiscriminatory manner. It will also establish a $5 million compensation fund for other fathers who have experienced similar discrimination in the past.

A Pattern of Gender-Based Discrimination

JPMorgan Chase is not the only company that has faced criticism and legal action based on its unequal application of parental leave policies. The Equal Employment Opportunity Commission (“EEOC”) settled a case in 2018 against Estée Lauder that netted a $1.1 million payout for 210 male employees. Estée Lauder had offered only two weeks of paid leave for new male parents, which contrasted unfavorably with the six weeks of leave afforded to female parents in the same situations. The EEOC found that the actions taken by Estée Lauder in offering less paid parental leave for male parents than for female parents were in violation of Title VII of the Civil Rights Act of 1964.

Understanding Your Rights as an Employee

If you have been treated differently from other employees because of your gender, age, race, sexual orientation or other protected class, working with a qualified New York employment law firm is crucial to protect yourself from the negative repercussions stemming from this unequal treatment. Failing to take action to address these issues could result in further negative and adverse effects and a reduced ability to earn throughout your working career. By working with a qualified and knowledgeable employment law attorney, you can take the appropriate steps to reduce unfavorable consequences and create a fairer and more even playing field for all employees within your organization.

The Role of Your New York Employment Lawyer

By retaining the services of an attorney with experience in the employment law field, you can rest assured that your case is evaluated accurately and that you receive the best possible representation for your situation.

As leaders in the field of New York employment law, Risman & Risman offer focused assistance for clients in the New York metropolitan area. Our team will work diligently on your behalf to ensure that you achieve the best possible outcomes for your case. To learn more about our services or to schedule a free consultation with our team, call us today at 212-233-6400. At Risman & Risman, we work for you.