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Age discrimination remains a significant issue in workplaces across New York despite laws designed to protect older employees. As businesses adapt to changing technologies and workforce dynamics, some employers unfairly favor younger workers, overlooking the experience and contributions of older employees. This blog discusses what constitutes age discrimination, how to recognize it, and legal protections for employees facing unfair treatment.
What Is Age Discrimination?
Age discrimination occurs when an employer treats an employee less favorably because of their age. Under federal and New York State law, it is unlawful to discriminate against workers aged 40 or older in hiring, promotions, job assignments, layoffs, and other employment decisions.
Some common forms of age discrimination include:
- Refusing to hire older applicants in favor of younger candidates.
- Denying promotions despite experience and qualifications.
- Forcing older employees out through layoffs or early retirement incentives.
- Excluding older workers from training opportunities or professional development.
- Creating a hostile work environment through age-related jokes, stereotypes, or harassment.
Laws Protecting Older Employees in New York
Several laws prohibit age discrimination and provide legal recourse for affected employees:
- Age Discrimination in Employment Act (ADEA) – A federal law that protects workers 40 and older from discrimination in companies with 20 or more employees.
- Older Workers Benefit Protection Act – Amended the ADEA by granting further protections to older workers, including preventing the reduction of benefits based on age.
- New York State Human Rights Law (NYSHRL) – Provides broader protections than the ADEA, covering all employers, regardless of size.
- New York City Human Rights Law (NYCHRL) – Offers some of the strongest worker protections in the country, prohibiting age discrimination in hiring, pay, promotions, and workplace policies.
These laws ensure that older employees are treated fairly and have legal options if they experience discrimination.
Recognizing Signs of Age Discrimination
Age discrimination can be subtle or overt. Employees should watch for red flags such as:
- A sudden shift in job responsibilities without justification.
- Unexplained negative performance reviews after years of strong performance.
- Pressure to retire early or accept an undesirable position.
- A preference for hiring younger employees, even when older candidates are qualified.
- Comments about being “overqualified” or concerns about adapting to technology.
If you experience these issues, document incidents, performance reviews, and communication with your employer.
Steps to Take If You Experience Age Discrimination
If you believe you’re facing age discrimination, consider these steps:
- Review company policies – Check if your employer has anti-discrimination policies and internal reporting procedures.
- Document incidents – Keep a written record of discriminatory remarks, actions, or changes in job duties.
- Report the issue – File a complaint with HR or management in writing.
- Consult an employment lawyer – If the issue persists, an experienced employment lawyer can advise you on your legal options.
Taking early action can help preserve your rights and strengthen your case.
Stand Up Against Age Discrimination
At Lipsky Lowe, we are dedicated to fighting age discrimination in New York workplaces, representing employees who have been unfairly targeted due to their age. We can help you by:
- Evaluating your case to determine if your employer violated state or federal age discrimination laws.
- Negotiating with employers to seek compensation, reinstatement, or policy changes.
- Representing you in litigation if legal action is necessary.
Age should never be a barrier to career success. If you have been denied opportunities, demoted, or pressured to leave your job because of your age, contact us today for the powerful representation we provide.