Fighting Age Discrimination

With Age Discrimination on the Rise Across NYC’s Workplaces, last year, NYC Council Introduced a Historic Package to Combat Age Discrimination. 

The bills – which forces the City to employ new tools to test for cases of age discrimination, build resources for workforce development and advocacy for older adults, and expands outreach and training – seek to reinforce New York City’s commitment to build a truly age-friendly city where older workers feel safe and supported in their jobs.

“With one in two New Yorkers over the age of 50 experiencing or witnessing age discrimination, we need to talk honestly about how pervasive this form of prejudice is, instead of attempting to sweep these cases and fears under the rug,” said Council Member Margaret S. Chin, Chair of the Committee on Aging. “Sadly, age discrimination is rarely treated with the same level of urgency as other types of workplace discrimination. The result is a culture of silence and shame around ageism that devalues older workers.  Our bill package breaks that stigma by requiring the New York City Commission on Human Rights to conduct investigations into the workplace, to establish an Office of Older Workforce Development, create an Age Discrimination Task Force, and require more awareness and outreach and training to educate the public. I want to thank Council Member Ayala, as well as my fellow members of the Women’s Caucus, for joining me on these bills, as well as the advocates for providing their vital input.”

This November the New York City Council voted on legislation designed to combat age discrimination throughout the workforce. Age discrimination is one of the most prevalent forms of discrimination in the workplace and can start as early as age 40. Today’s package aims to provide desperately needed support for older New Yorkers and tools to protect them as they remain in the workforce for longer periods of time.

The package includes five bills including one that creates the first-ever Center for Older Workforce Development, an office that is dedicated to combatting ageism in the workplace and will develop our older adult workforce. The Council will also vote on legislation to require the Department for the Aging (DFTA) and the Department of the Aging Advisory Council to serve as a resource to this newly created Center for Older Workforce Development and provide recommendations on how the city can address age discrimination in the workplace. Another bill requires the New York City Commission on Human Rights (CCHR) to study age discrimination in the workplace and report its findings to the Council.

The bill was unanimously passed by the Council on Thursday, Nov. 19. 

The package of five bills will create a Center for Older Workforce Development, prevent and address age discrimination in the workplace and help develop the older adult workforce. 

“It is unacceptable that our older New Yorkers continue to face discrimination and harassment at all stages of employment due to age discrimination, which persists as one of the most prevalent forms of discrimination in the American workplace,” said Vallone, chair of the Committee on Economic Development and the Council’s Aging Committee. 

The five following bills were introduced by the Aging Committee Chair Council Member Margaret Chin and Council Member Diana Ayala:

• Int 1694-A creates an office dedicated to combating ageism in the workplace and to developing the older workforce, called the Center for Older Workforce Development.
• Int 1693-A requires the Department for the Aging (DFTA) to provide guidance and support to the Center for Older Workforce Development, as created by Proposed Int. No. 1694-A.
  Int 1695-A requires New York City Commission on Human Rights (CCHR) to conduct a two-year study related to age discrimination in the workplace.
• Int 1684-A requires the City Commission on Human Rights to create an anti-discrimination poster that includes age discrimination, and to provide additional age discrimination resources on its website.
• Int 1685-A requires all City agencies to provide age discrimination training to their employees every two years.
• In a recent national survey conducted by the American Association of Retired Persons (AARP) of adults older than 45, 61 percent of respondents indicated that they have seen or experienced age discrimination in the workplace, and 38 percent of the respondents indicated that such discrimination is “very common.”

In the last 15 years, the number of older New Yorkers in the workforce has steadily increased and, with the COVID-19 pandemic, age discrimination has only worsened for older Americans, who have reported targeted layoffs in recent months. 

AGING

Creates the Center for Older Workforce Development

Introduction No. 1694-A, sponsored by Council Member Margaret Chin, would create the Center for Older Workforce Development, an office dedicated to combating ageism in the workplace and to developing the older workforce.

The Center would be established and placed by the Mayor and led by a Director, whose powers and duties include: advising and assisting the mayor in coordinating agencies involved in workforce development programs for older adults; assisting older adults in joining or re-joining the workforce; creating a centralized workforce development website that assists with career building and workforce development for older adults; and promoting the inclusion and retention of older adults in the municipal workforce. The Center would also be required to submit an annual report to the Mayor and to the City Council on its activities.

This legislation would take effect 120 days after it becomes law.

Related to recommendations regarding age discrimination and developing the older adult workforce

Introduction No. 1693-A, sponsored by Council Member Margaret Chin, would require the Department for the Aging (DFTA) to provide guidance and support to the Center for Older Workforce Development, as created by Introduction No. 1694-A.

This billwould also require the DFTA Advisory Council to develop recommendations on how the city can address age discrimination in the workplace and help develop the older adult workforce. The Advisory Council would be required to submit a report to the Mayor, the Speaker, and the Center for Older Workforce Development with its recommendations and findings in December 2021 and biennially thereafter.

Requires the city to study age discrimination in the workplace

Introduction No. 1695-A, sponsored by Council Member Margaret Chin, would require the New York City Commission on Human Rights (CCHR) to conduct a two-year study related to age discrimination in the workplace. Beginning January 2022, for a period of two years, CCHR would design and implement a variety of methods to assess the presence of age discrimination in the workplace, including workplace and employment practices, technologies, and policies.

CCHR would be required to report on the findings of its two-year study and submit the report to the Speaker on or before September 30, 2024. The report would include, among other things, a summary of the initiatives taken during this two-year study, a description of the instances of age discrimination found, and recommendations to help the city address and combat age discrimination going forward.

This legislation would take effect immediately.

“Age discrimination is a real problem that affects older New Yorkers but is frequently overlooked and is seldom reported. My package of bills will help to change this by attacking age discrimination with data-driven methods and resources. Our solution is threefold: requiring the Department for the Aging’s advisory council to address age discrimination, creating a Center for Older Adult Workforce Development, and mandating the city’s Commission on Human Rights to conduct a two-year study on age discrimination and issue recommendations in an annual report. During a national pandemic and recession, we must focus on eliminating barriers to unemployment. I am proud to be an advocate for older New Yorkers and am confident that this legislation will serve as a powerful resource to help obtain and retain good-paying jobs,” said Council Member Margaret Chin.

Requires the creation of an anti-discrimination poster that includes age discrimination

Introduction No. 1684-A, sponsored by Council Member Diana Ayala, would require the City Commission on Human Rights (CCHR) to create an anti-discrimination poster that includes age discrimination, and to provide additional age discrimination resources on its website. Through this legislation, city agencies would be required to display the poster in employee common areas.

This bill would take effect 120 days after it becomes law.

Requires all city agencies to provide age discrimination training to employees biennially.

Introduction No. 1685-A, sponsored by Council Member Diana Ayala, would require all city agencies to provide age discrimination training to their employees every two years. The training would be developed by the Department of Citywide Administrative Services and the Commission on Human Rights.

This bill would take effect 120 days after it becomes law.

“Age discrimination is an unethical practice that unfortunately is all too real and much to common.  Unfortunately, this type of discrimination is often hard to detect said Councilmember Ayala, that is why I am proud to have introduced Intro’s 1684 and 1685, both of which offer preventive measures to educate and protect all age groups in the workforce.  I look forward to joining my colleagues and passing these bills today,” said Council Member Diana Ayala.

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