New York Age Discrimination Attorneys

Have You Experienced Age Discrimination in the Workplace?

Age discrimination, a subtle yet pervasive form of workplace bias, can significantly impact the careers and livelihoods of older workers. Age discrimination occurs when an employee or job applicant is treated unfavorably because of their age. Under the Age Discrimination in Employment Act (ADEA), it’s illegal to discriminate against individuals who are 40 years or older. The law applies to employers with 20 or more employees. In New York, the New York State Human Rights Law (NYSHRL) also prohibits age discrimination against employees over 18 years old. It covers all employers in New York, regardless of the number of employees they have. Examples include unfair hiring practices, demotion, wrongful termination, denied promotions, and unfavorable job assignments based on age. If you believe you've been a victim of age discrimination, seeking legal counsel from experienced New York age discrimination attorneys is crucial.

Call (855) 465-4622 or contact us online to discuss your age discrimination case with our New York lawyers.

What Federal Laws Protect Against Age Discrimination?

The primary federal law is the ADEA, which prohibits discrimination against employees aged 40 and older. This law covers aspects like hiring, firing, pay, promotions, and training. The Equal Employment Opportunity Commission (EEOC) enforces the ADEA. 

The Older Workers Benefit Protection Act (OWBPA) amends the ADEA to prevent employers from denying benefits to older employees. The OWBPA ensures that severance agreements must include specific language for employees waiving their rights to sue under age discrimination laws.

Does New York Law Provide Additional Protections Against Age Discrimination?

New York's NYSHRL extends protections to workers 18 years and older, and is broader than the federal ADEA. This law applies to businesses  with 1 or more employees. The New York City Human Rights Law (NYCHRL) provides even stronger protections for employees in New York City, making it one of the most progressive anti-discrimination laws in the country. Both laws protect against age discrimination in hiring, promotion, pay, and termination, as well as in employment terms and conditions.

How Do I Know If I Am Experiencing Age Discrimination?

Signs of age discrimination can include negative comments about your age, being passed over for promotions in favor of younger colleagues, unfair performance reviews based on age, or being forced to retire. 

New York employers must follow both federal and state laws that prohibit these practices. Keeping records of discriminatory incidents and comparing your treatment to younger employees can help establish evidence of age bias. 

How Can I Prove Age Discrimination in the Workplace?

You need to demonstrate that age was a factor in your employer’s decision. Evidence can include age-related comments, sudden negative performance reviews after a certain age, or being replaced by a younger employee. Direct evidence, such as written communication or statements from supervisors, strengthens your case.

How Do I File an Age Discrimination Claim in New York?

You can file a claim with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC). The NYSDHR covers violations of the New York State Human Rights Law (NYSHRL), while the EEOC handles ADEA claims. You must file with the EEOC within 300 days of the discriminatory act. For NYSHRL claims, you have three years from the discriminatory event. A lawyer can assist with the process, ensuring that all deadlines and documentation requirements are met.

Can I File a Lawsuit for Age Discrimination After Filing With the EEOC?

If the EEOC doesn’t resolve your case, you can file a lawsuit in federal court. After filing a charge with the EEOC, the agency will investigate your claim. If they don’t find enough evidence to take action, they will issue a "Right to Sue" letter. This will give you 90 days to file a lawsuit in court. A lawyer can guide you through the process of filing the suit and preparing for trial.

How Long Do I Have to File an Age Discrimination Lawsuit in New York?

You have three years from the date of the discriminatory act to file a lawsuit under the New York State Human Rights Law. If you’re filing a claim under the federal ADEA, you must first file a charge with the EEOC, and after receiving a “Right to Sue” letter, you have 90 days to file in federal court. 

What Evidence Do I Need to File an Age Discrimination Claim?

When filing an age discrimination claim, you’ll need evidence showing that age was a factor in the discriminatory act by your employer. This includes documents, emails, or witness statements proving that the employer treated you differently because of your age. Employment records showing changes in your duties, demotion, or termination could also support your claim. The NYSDHR and EEOC will both allow you to submit that evidence as part of the complaint process.

What Happens if I Win an Age Discrimination Lawsuit?

Remedies for age discrimination can include reinstatement to your former position, back pay for lost wages, front pay for future losses, and compensation for emotional distress. In federal ADEA cases, liquidated damages can also be awarded if the employer willfully violated the law. New York’s NYSHRL allows for very similar remedies and can also include attorney’s fees in some cases. 

What Defenses Can Employers Use in an Age Discrimination Case?

Employers may argue that the decision was based on factors other than age, such as performance issues or business needs. Under the ADEA, an employer can claim a “bona fide occupational qualification” (BFOQ), meaning age is necessary for the job. 

Certain physical jobs might require younger employees for safety reasons. Employers might also show that their policies apply equally to all employees regardless of age. For employers in New York, these defenses must comply with state laws as well.

Can an Employer Fire Someone for Performance Reasons If They Are Over 40?

An employer can terminate an employee for poor performance, regardless of age. However, if an older employee is fired and replaced by a younger employee without a legitimate performance reason, it could be a sign of age discrimination. 

For employees in New York, the NYSHRL and federal ADEA provide protections for employees over 40 from being unfairly targeted. Documentation of performance issues can help employers defend against claims of age discrimination.

What Is a “Bona Fide Occupational Qualification” (BFOQ) Defense?

A BFOQ defense allows employers to argue that age is an essential requirement for the job. Age limits may apply for certain physical jobs, such as law enforcement or pilots. Employers must prove that the age requirement is reasonably necessary for the business’s operation. The ADEA and the NYSHRL both recognize this defense, but it’s narrowly applied, and employers have to provide significant evidence to justify the age restriction.

Can Employers Offer Voluntary Early Retirement Without It Being Age Discrimination?

Employers can technically offer voluntary early retirement, but they must still comply with the ADEA and OWBPA to ensure the process is legal. Any severance or retirement package must be voluntary, and employees must be given a reasonable amount of time to consider the offer. They must also have the right to revoke the decision within seven days of acceptance.  Voluntary early retirement offers must still comply with state laws to prevent coercion or unfair pressure on older employees.

Are There Exceptions to the ADEA in Small Businesses?

The ADEA only applies to businesses with 20 or more employees. Smaller businesses are not subject to federal ADEA claims but may still be liable under NYSHRL, which applies to employers with one or more employees. While small businesses can avoid federal penalties, they can still face state-level legal challenges for age discrimination.

How Can Employers Prevent Age Discrimination in the Workplace?

Employers can prevent age discrimination by implementing clear, unbiased hiring, promotion, and termination policies. Training managers and staff on ADEA and NYSHRL guidelines can help avoid biased decisions. 

Employers should maintain consistent performance evaluation processes and document decisions based on merit, not age. Offering equal opportunities for development and advancement across all age groups can also reduce discriminatory practices. Regular review of workplace policies can increase compliance with age discrimination laws.

What Are the Best Practices for Fair Hiring Regarding Age?

Best practices for fair hiring include focusing on skills, experience, and qualifications instead of age. Employers should avoid questions about age during the hiring process, including dates of birth or graduation, and refrain from making assumptions about a candidate’s ability based on their age. Job descriptions should not include age preferences or limitations. Employers in New York have to comply with NYSHRL regulations, which prohibit discrimination based on age for candidates over 18 years old.

Can Employers Ask for an Applicant’s Age During the Hiring Process?

Best practices are for employers not to ask for an applicant’s age during the hiring process, as this could lead to age discrimination claims. Under both the ADEA and New York’s NYSHRL, employers are prohibited from making decisions based on age. Questions related to an applicant’s birth date, age, or graduation year can create potential legal issues. Instead, employers should focus on the potential applicant’s qualifications and experience to make hiring decisions.

What Should I Do If I Witness Age Discrimination in My Workplace?

If you witness age discrimination in your workplace, you should report the incident to your Human Resources Department of supervisor. Document the incident, including any discriminatory comments or actions. If the issue isn’t resolved internally, you can file a complaint with the EEOC or the NYSDHR. New York whistleblower protections can apply if you face retaliation for reporting age discrimination. Consulting with an employment lawyer can help you protect your rights.

Protecting Your Rights: Taking Action Against Age Discrimination

Don't let age discrimination derail your career. If you suspect you've been the target of age-based discrimination, it's essential to take action. By consulting with skilled New York age discrimination attorneys, you can explore your legal options and pursue justice. Our dedicated team at Horn Wright, LLP is committed to fighting for the rights of workers who have been wronged. Contact us today for a confidential consultation.