New York Employment Lawyer Blog

Our courts have consistently held that discrimination in the workplace is rarely done openly. In fact, it is most often done secretly, behind closed doors. Rarely, therefore, will there ever be direct evidence as may be required, for example, in a criminal case. In a criminal case we understand the burden of proof may have to be established, “beyond a shadow of a doubt.” However, with all types of discrimination, whether it is because of age, race, gender, disability, sexual orientation, pregnancy, or any other protected reason, the burden of proof is not required to be satisfied “beyond a shadow of a doubt.” It may be established by circumstantial evidence.

The United States Supreme Court has held that the context of the remark should be considered. The Court stated that “the speaker’s meaning may depend on various factors including context, inflection, tone of voice, local custom, and historical usage.” Ash v. Tyson Foods, 546 U.S. 454 (2006).

Some examples of the type of comments or situations that may be considered are:

• The head of the company claiming that what the company needs is some “new blood”

• Those in a position of hiring saying that the firm could use “energetic new employees”

• Designating persons for transfer in a manner that made it impossible or unlikely that older employees could accept the transfer because of family or personal involvements in a particular location, although younger persons would be able to freely accept such a transfer

• Being told that you are, “too rigid and inflexible”

• Being asked, “when are you going to retire”

These comments, when considered in their totality, may well give rise to a viable claim of age discrimination

Therefore, if you believe you may be discriminated against for any protected reason, such as any of those referred to above, you might wish to contact an attorney practicing in the area of employment law, to secure an educated opinion as to whether you might have the basis for a valid claim.

Since our law firm specializes in the practice of employment law, we would be pleased to talk with, or meet with you, to evaluate your claim. We could then provide you with our belief as to whether a possible claim may reasonably exist. There is no charge for this initial consultation