Ageism and Age Discrimination in the Workplace: Know Your Rights in New York

Age discrimination at work is not always obvious. It might start off with offhand comments revealing assumptions about you based on your age. However, over time, these patterns can lead to unfair treatment. You might feel overlooked for promotions or left behind because of your age. Ageism in the workplace is more than just unfair. It may be unlawful. If you’re struggling with discrimination because of age-based assumptions instead of the merits of your work, you should take action.

While you might assume that age discrimination only applies when workers are penalized for being “too old,” New York employees have broader protections than federal law alone provides. Understanding what ageism looks like—and knowing when unfair treatment may cross the line into unlawful discrimination under state law—can help you decide what steps to take next. For support with filing an age discrimination claim, reach out to an employment lawyer, like Michelle Cimino.

What Is Ageism and Age Discrimination?

Ageism refers to stereotypes, prejudice, or discrimination based on age. In contrast, age discrimination occurs when an employment decision is based on a worker’s actual or perceived age.

Anyone can be on the receiving end of bias due to their age, but legally, protections against age discrimination refer to specific age groups. The federal Age Discrimination in Employment Act (ADEA) generally protects workers aged 40 and older and applies to employers with 20 or more employees.

However, New York State Human Rights Law (NYSHRL) lowers the federal floor, prohibiting age discrimination against workers aged 18 and older. It applies to all New York employers, regardless of size. This age difference makes a key difference in how the law practically applies. Someone who is treated differently because they are perceived as young is more likely to have a case in New York than they would under federal protections alone.

Signs of Age-Related Discrimination in the Workplace

Signs of age discrimination are patterns suggesting that an employer is treating someone differently because of their actual or perceived age. While a single unfair event is not automatically illegal, instances of discrimination often accumulate over time. Age-related comments, unequal treatment, and suspicious timing can be important evidence. Here are some of the common signs of age discrimination to look out for:

Age-based comments or jokes: This could include remarks about being “too old” or being unable to learn technology. Ageist comments can also include remarks that you are “too young,” “not seasoned enough,” or unlikely to be taken seriously by clients or colleagues.

Hiring bias: Job ads or recruiters seeking a “young and energetic” workforce, or applicants who appear a particular age, can be discriminatory against older applicants. Moreover, job postings requiring an excessive number of years of experience for an entry-level role could discriminate against younger applicants. In interviews, it’s inappropriate and potentially discriminatory to ask questions about age and graduation date.

Retirement pressure: Repeated questions or pressure about when someone plans to retire can constitute discrimination.

Lower pay based on age assumptions: An employer who pays a younger employee less because management assumes they have fewer financial obligations, are living with family, or should be grateful for the opportunity could be seen as discrimination.

If you believe you’re experiencing any of those instances, you should consider taking action to restore fair treatment in the workplace and receive compensation for financial damages.

Addressing Ageism in the Workplace

If you believe you are experiencing workplace ageism in New York, taking action starts with seeking internal remedies within the company before filing a claim.

Preserve Evidence

First, be sure to record all the details of the age discrimination you experienced. Save any emails, texts, and names of witnesses.

Report Internally

Next, report the concern to a supervisor or the HR department. Use a written report if possible and be sure to keep a copy.

If your boss fires you or otherwise penalizes you for filing a good-faith discrimination complaint, it may count as unlawful retaliation.

File a Claim

If internal reporting does not resolve the issue, you can file an age discrimination complaint. If you are age 18 or older, you may be protected under the NYSHRL. Consider filing a complaint with the New York State Division of Human Rights (NYSDHR).

For acts occurring on or after February 15, 2024, the general filing deadline is three years. If you are 40 or older, you may have a federal claim under the ADEA. If you’re eligible, you can file a federal charge with the Equal Employment Opportunity Commission (EEOC). The filing deadline for the EEOC is generally 300 days from the discriminatory act.

If your claim is successful, you can receive compensation for:

• Back pay for lost past wages
• Front pay for lost future wages
• Reinstatement or promotion
• Emotional damages

Filing a claim after experiencing age discrimination can be daunting, but it doesn’t have to be. For support filing a claim, reach out to Michelle Cimino, a leading Rochester age discrimination attorney. She will help you understand what to expect based on your case.

Schedule a Confidential Consultation Today

Age discrimination can affect workers at any stage of their careers. Thankfully, in New York, employees have broader protections than federal law alone provides. If you believe your age has influenced decisions about your opportunities or treatment in hiring or the workplace, take action by filing a claim with an experienced discrimination attorney, Michelle Cimino.

Michelle Cimino has over 20 years of experience helping clients overcome age discrimination in the workplace by clarifying their legal options. Learn whether filing a claim makes sense for you. Schedule a confidential consultation today.