Age discrimination occurs when an employer treats an employee or job applicant less favorably because of their actual or perceived age. In New York City, workers of any age are protected by the NYC Human Rights Law, while New York State law protects workers age 18 and older and federal law protects workers age 40 and older. If age influences hiring, pay, promotions, assignments, layoffs, termination, or other employment decisions, you may have grounds for a discrimination claim.
How Lipsky Lowe Handles Age Discrimination Claims
Lipsky Lowe LLP represents employees throughout New York City who have experienced age discrimination in hiring, promotions, layoffs, compensation, workplace treatment, and termination. Age bias is not always stated openly, so these cases often require examining what happened before and after an employment decision and comparing how workers of different ages were treated.
Our attorneys can:
- Identify direct and circumstantial evidence of age discrimination
- Review performance records, internal communications, and employment decisions for inconsistencies
- Compare the treatment of similarly situated younger and older employees
- Evaluate layoffs, reorganizations, promotion decisions, and retirement pressure
- Pursue compensation and other remedies through negotiation, administrative proceedings, or litigation
If you believe your employer treated you unfairly because of your age, consult with us today.
What Does Age Discrimination in the Workplace Look Like?
Age discrimination can be obvious, but it is often reflected in patterns of workplace decisions rather than an employer openly admitting that age played a role.
Examples may include an employer repeatedly promoting younger employees over more qualified older workers, excluding certain age groups from training or high-profile assignments, or targeting higher-paid older employees during a reduction in force. Comments about retirement, being “overqualified,” lacking energy, or being unable to keep up with technology may also become relevant when followed by an adverse employment decision.
Age discrimination can occur during recruitment as well. Job postings that seek “recent graduates,” impose unnecessary limits on years of experience, or communicate a preference for a “young” workplace culture may raise concerns when qualified applicants are excluded because of age.
What Laws Protect NYC Workers From Age Discrimination?
NYC employees may be protected by three overlapping laws, but their coverage differs.
- The federal Age Discrimination in Employment Act (ADEA) protects employees and applicants who are 40 or older. It generally applies to employers with at least 20 employees.
- The New York State Human Rights Law (NYSHRL) protects workers age 18 and older and applies to employers throughout the state.
- The New York City Human Rights Law (NYCHRL) is broader still. It has no minimum age requirement and prohibits discrimination based on actual or perceived age. That means younger NYC workers can also bring age discrimination claims when they are treated less favorably because of their age.
These laws cover employment decisions involving hiring, compensation, promotions, assignments, training, layoffs, discipline, and termination.
How Do You Prove Age Discrimination in NYC?
An employer rarely puts an unlawful motive in writing; however, age discrimination can be established through direct or circumstantial evidence.
Direct evidence might include a manager stating that an employee is being replaced because the company wants “younger blood” or explicitly tying a termination decision to age. Circumstantial evidence can include suspicious timing, changing explanations for an employment decision, age-related remarks, or significantly different treatment of similarly situated employees.
Employment records can also reveal patterns. Performance evaluations, personnel files, job descriptions, promotion records, compensation information, emails, and documents related to layoffs or reorganizations may help establish what occurred and why.
Is Age Discrimination Harder to Prove Under Federal Law?
The legal standard depends on which law applies.
Under the federal ADEA, an employee generally must prove that age was the “but-for” cause of the challenged employment decision. In other words, the adverse action would not have occurred but for the employee’s age.
The NYCHRL provides broader protection. An employee alleging disparate treatment generally must show that they were treated less well or subjected to an adverse action motivated at least in part by age discrimination.
These differences can affect how a claim is developed and where it is pursued.
Can an Employer Target Older Workers During a Layoff?
Employers may conduct layoffs for legitimate financial or business reasons, and older employees are not automatically protected from losing their jobs. However, employers cannot use a reduction in force as a pretext for age discrimination.
Warning signs may include a layoff that disproportionately affects older employees, retaining substantially younger workers with similar qualifications, replacing terminated employees with younger workers, or age-related comments during the restructuring.
Employees age 40 and older who are offered severance in connection with a layoff may also have rights under the Older Workers Benefit Protection Act (OWBPA). Waivers of federal age discrimination claims must satisfy specific requirements to be valid.
What Compensation Is Available for Age Discrimination?
Available remedies depend on the law under which the claim is pursued and the harm caused by the discrimination. They may include lost wages, front pay, lost employment benefits, attorneys’ fees, and other forms of relief.
New York State and New York City law may also permit compensation for emotional distress and punitive damages in appropriate cases. Federal ADEA remedies differ, which is another reason the applicable law matters when evaluating an age discrimination claim.
Talk to an NYC Age Discrimination Attorney
Age should not determine whether you receive a job opportunity, promotion, fair compensation, or continued employment. If you experienced age discrimination in the workplace, turn to Lipsky Lowe. Our NYC employment attorneys will evaluate what happened and guide you through the next steps. Schedule a consultation today.
Frequently Asked Questions About Age Discrimination in NYC
Do I have to be over 40 to file an age discrimination claim in NYC?
No. The federal ADEA protects workers age 40 and older, but the NYC Human Rights Law protects workers regardless of age. New York State law protects workers age 18 and older.
Can my employer ask when I plan to retire?
A question about retirement is not automatically unlawful, but repeated pressure to retire or retirement-related comments may become evidence of age discrimination when connected to employment decisions.
Can younger employees experience age discrimination in NYC?
Yes. Unlike federal law, the NYC Human Rights Law does not impose a minimum age requirement. Younger workers may have a claim if they are treated less well because of their actual or perceived age.
What evidence can help prove age discrimination?
Performance reviews, emails, text messages, promotion and layoff records, age-related comments, job postings, and evidence showing how similarly situated employees of different ages were treated may all be relevant