Age discrimination in the workplace is an issue that many older workers in New York are facing but don’t always recognize. As the workforce ages, more employees in their 50s, 60s, and even 70s are reporting unfair treatment, fewer opportunities, and subtle — or not-so-subtle — pressure to retire. While some companies embrace the experience older employees bring, others engage in practices that suggest a preference for younger workers. If you’re feeling sidelined at work, it’s important to understand your rights and what steps you can take.
What Age Discrimination Looks Like
Ageism can take many forms, but some of the most common signs include being passed over for promotions you’re qualified for, seeing your responsibilities reduced without cause, or being left out of meetings and projects. Some employees notice that younger colleagues with less experience are being favored or fast-tracked for advancement. Others may suddenly receive poor performance reviews after years of strong evaluations. Comments about your age, assumptions about your retirement plans, or jokes that single you out can also be red flags.
Legal Protections Under Federal and NY Law
Federal law, through the Age Discrimination in Employment Act (ADEA), protects workers age 40 and older from discrimination based on age. In New York, state law goes even further — you don’t need to be over 40 to be protected. Employers in New York are prohibited from treating workers differently because of age, whether that’s in hiring, firing, promotions, compensation, or job assignments.
If you’re in Westchester County or anywhere in New York and believe you’re facing workplace age bias, consulting an experienced age discrimination attorney is a critical first step.
How to Document Discrimination
Start keeping detailed records. Save emails that suggest bias or exclude you from opportunities. Take note of changes to your job responsibilities and who is being given promotions. Keep copies of performance reviews — especially if there’s a sudden shift in how your work is evaluated. If coworkers are treated differently, those comparisons can help show a pattern. The more concrete your evidence, the stronger your case will be.
Filing a Complaint or Lawsuit
Before filing a lawsuit, you may need to submit a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. These agencies investigate claims and may attempt mediation. A lawyer can guide you through this process, help you understand deadlines, and build a strong case if litigation becomes necessary.
FAQ
At what age does age discrimination start?
Under federal law, age discrimination protections begin at age 40, but New York law protects workers of all ages from age-based bias.
Is it illegal to be asked about retirement?
Yes — employers cannot pressure you to retire or make employment decisions based on your retirement plans.
What evidence do I need?
Emails, records of job changes, performance reviews, and notes about unequal treatment can all help demonstrate discrimination.
If you’re being pushed out of a job due to your age, Gash & Associates, P.C. in White Plains can help. Call (914) 328-8800 to speak with an age discrimination attorney today.