Understanding the Legal Protections Against Age Discrimination in New York Workplaces

Age should never define your worth, but in some workplaces, older employees still face subtle or even blatant discrimination. Whether it’s being passed over for promotions, pushed into early retirement, or overlooked during hiring, age bias remains a real issue.

Fortunately, both federal and New York laws offer strong protections for workers who experience discrimination based on age. Understanding these rights is the first step in protecting yourself and your career.

What Counts as Age Discrimination

Age discrimination happens when an employer treats someone unfairly because of their age.

Federal laws, including the Age Discrimination in Employment Act (ADEA), protect workers aged 40 and older. New York law goes even further. The New York State Human Rights Law (NYSHRL) protects employees of all ages from discriminatory practices, regardless of whether they are under or over 40.

Discrimination comes in many shapes and sizes. Examples include:

• Being passed over for training or advancement in favor of younger workers
• Hostile comments about your age or age-related issues
• Facing pressure to retire or downgrade your role
• Seeing younger employees be given opportunities for which you’re qualified

Even jokes or offhand remarks about age can contribute to a hostile work environment if they happen often enough or come from supervisors.

Federal and State Laws Working Together

The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), which investigates claims of age discrimination and can take legal action against employers.

Also note, New York has some of the strongest state-level employment protections in the country. The New York State Division of Human Rights (NYSDHR) and the New York City Human Rights Law (NYCHRL) both go beyond federal standards. Even if your situation doesn’t meet the strict federal criteria, you might still have a valid claim under New York law.

Proving Age Discrimination

Proving age discrimination isn’t always straightforward. Employers rarely admit they made a decision based on age, so cases often depend on patterns, timing, and context. Evidence may include:

• Sudden changes in evaluations or job duties after reaching a certain age
• Younger, less-experienced employees are being promoted instead.
• Age-related comments from supervisors or coworkers
• Layoffs that disproportionately target older employees

Retaliation Is Also Illegal

It’s important to know that the law protects you from retaliation. If you report age discrimination, file a complaint, or participate in an investigation, your employer cannot legally punish you. That includes demotions, reduced hours, or creating a hostile work environment.

What You Can Do

If you suspect age discrimination, start by keeping detailed notes about what’s happening, including dates, times, people involved, and specific incidents. Save any written evidence, such as emails or job postings, that suggest age bias. You can file a complaint with the EEOC, the NYSDHR, or the NYC Commission on Human Rights, depending on where you work.

But before taking that step, it’s often wise to get legal guidance. These cases can be complex, and a knowledgeable advocate can help you understand which laws apply and how to protect your rights.

If you believe you’ve been mistreated because of your age, contact Borrelli & Associates, P.L.L.C. Our team helps employees throughout New York stand up to workplace discrimination and pursue fair treatment under the law.