In New York State, is it legal for a company to select individuals for layoff based on their age in order to achieve an average target for all impacted employees?

In a recent layoff event employee's ages were used to select individuals for termination so that the average age of those impacted matched the average age of those retained. However, NYS HRL 296.3 indicates age cannot be used in decision of employment termination. Is this practice a violation of the law?

1 answer  |  asked Feb 25, 2017 01:17 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Age is not a bona fide occupational qualification unless a specific law provides a limit. For example most of us might not feel that secure if we allowed 85 year old police officers.

As a general rule no.

However employment law is all about the facts. Was age the sole factor for making decisions or were other factors considered.

Years ago we could argue an employer considered age. Today in most jurisdictions we have to argue but for age an employee would still be working.

These are complicated analyses. You should consult an employment lawyer.

posted by V Jonas Urba  |  Feb 25, 2017 06:00 AM [EST]

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