New York Age Discrimination Lawyers

Have You Been Terminated or Been Subjected to Discrimination at Work Because of Your Age?

Employees in the United States are protected from age discrimination under federal and state law. The federal Age Discrimination in Employment Act (ADEA) protects employees who are at least 40 years old and work for an employer with at least 20 employees. The ADEA makes it illegal for an employer to make job-related decisions based solely upon age.

If you’ve been mistreated at work because of your age, you don’t have to face it alone. Age discrimination in the workplace is not just unfair—it’s illegal. At Tuckner Sipser Weinstock and Sipser, our experienced age discrimination attorneys have been protecting workers’ rights for decades. Whether you’ve been wrongfully terminated, denied a promotion, or faced harassment based on your age, we’re here to help you fight back.

Don’t Quit; Otherwise Your Claim May Be Compromised. Instead, Call Us to Discuss Your Rights and Options

We accept illegal age discrimination and workplace claims on a contingency fee basis, meaning you will not owe us a fee unless we recover for you. Since 1999 we have helped thousands of clients subjected to race and other discrimination and illegal termination. Call us for a free consultation and get started today!

What is Age Discrimination in New York?

Age discrimination occurs when an employer treats an employee less favorably due to their age. This form of discrimination can happen at any stage of employment, including hiring, promotions, compensation, job assignments, and termination. Both federal and New York state laws prohibit such practices.

Examples of Age Discrimination

• Job Postings: Listings that include phrases like “seeking young, energetic candidates” or “recent graduates preferred.”
• Hiring Practices: Rejecting qualified candidates due to their age or refusing to hire someone over a certain age threshold.
• Workplace Harassment: Negative comments or jokes about an employee’s age, such as calling them “over the hill” or “too old to get it.”
• Promotion Denials: Promoting younger, less qualified employees while overlooking older workers.
• Unfair Termination: Laying off older employees while retaining younger workers with less experience.
• Pay Cuts or Demotions: Reducing an employee’s salary or role without valid justification, citing age-related stereotypes.

Legal Protections Against Age Discrimination

Federal Law: The Age Discrimination in Employment Act (ADEA)

The ADEA is the primary federal law that protects employees aged 40 and older from workplace discrimination. It applies to employers with at least 20 employees and prohibits:

• Refusing to hire or promote someone because of their age.
• Setting policies that disproportionately harm older employees.
• Retaliating against employees for filing a complaint or participating in an investigation.

New York State Law

New York law goes beyond federal protections. It covers employees in companies with 4 or more workers and protects individuals of all ages, including younger workers. This means both age-based favoritism toward older workers and reverse age discrimination are prohibited.

What Should You Do Right Now If You Are Experiencing Age Discrimination?

You must complain, which can be done to a supervisor or to the HR department.

Know your rights that age discrimination is wrong, and that it is never the victim’s fault.

Understand what constitutes illegal discrimination – are you being treated differently (and adversely) solely because of your age? Is your employer refusing to offer reasonable accommodations?

DON’T file a complaint or charge with a governmental agency, such as the EEOC, BEFORE speaking with a qualified employment lawyer. Filing a complaint or charge can directly impact the course of action available and your future options.

Learn whether you have a valid claim – get experienced legal advice. Our firm focuses on discrimination, wrongful termination and other workplace claims – we can evaluate your case, and there is no fee or obligation.

Important Deadlines for Filing Claims

Filing deadlines must be considered. These deadlines vary depending on different factors, such as whether the case will be in federal court or state court or the size of the company.

There are strict time limits for filing age discrimination claims:

• Federal EEOC Claims: 180 days from the date of the discriminatory act. This 180-day filing deadline may be extended to 300 days if the charge also is covered by a state or local anti-discrimination law.[1]
• New York State Division of Human Rights Claims: For acts occurring on or before 2/14/2024, a complaint must be filed within one year. For discrimination occurring on or after 2/15/2024, a complaint may be filed within three years.[2]
• Federal Court Lawsuits: 90 days after receiving a “right-to-sue” letter from the EEOC.

Missing these deadlines can jeopardize your ability to seek justice. Contact us immediately to ensure your rights are preserved.

How to Prove Age Discrimination

Proving age discrimination can be challenging, but a strong case relies on evidence. Our age discrimination attorneys work with you to collect and present the following:

Direct Evidence

• Written or verbal statements explicitly referencing age, such as “We need younger people in this role.”
• Company policies that discriminate against older workers.

Circumstantial Evidence

• Patterns of favoritism toward younger employees in promotions or hiring.
• Sudden performance critiques or demotions after reaching a certain age.
• Evidence of younger, less experienced employees receiving preferential treatment.

Documentation

• Emails, texts, or notes showing discriminatory behavior.
• Performance reviews demonstrating your qualifications and contributions.

Witness Testimony

• Statements from coworkers who observed or experienced similar treatment.

Statistical Data

• Evidence showing systemic discrimination, such as a pattern of older employees being laid off.

Why Choose Tuckner Sipser Weinstock and Sipser?

Since 1999, our firm has helped thousands of employees fight back against discrimination and wrongful termination. We’ve recovered substantial settlements and verdicts for workers just like you.

We provide contingency fee representation, meaning you don’t pay us unless we win your case. This allows you to focus on your recovery without financial stress.

Our team offers personalized support, taking the time to understand your unique situation and providing tailored legal strategies. Our proven track record demonstrates our dedication to achieving justice for our clients.

Find Out If You Have a Case – Schedule A Free Consultation Today.

Once we learn about your situation, we can explain how we can help. Because there are important time deadlines by which a case must be filed, please call us immediately at 212.766.9100 or complete the contact form below.

Client Review 

From the moment I called to inquire about my current unlawful situation, Deborah O’Rell and Jack Tuckner have been extremely professional, but most importantly compassionate. They have well represented me and allowed me to feel secure in the midst of it all. If you are a woman in NYC looking for a team that is honest, diligent and knows employment law, do not hesitate to call, they exceed expectations!

Google Review 5 Stars – M.A.

Frequently Asked Questions About Age Discrimination

What qualifies as age discrimination?

Age discrimination occurs when an employee is treated unfairly solely because of their age. This includes being denied promotions, harassed, or terminated without valid cause.

What damages can I recover in an age discrimination case?

Potential damages include:

• Back pay for lost wages.
• Compensation for emotional distress.
• Punitive damages in cases of egregious misconduct.
• Attorney’s fees and legal costs.

How long does an age discrimination case take?

The timeline varies depending on the complexity of the case and whether it goes to trial. Many cases settle within months, but others can take a year or more.

Do I have to quit my job to file a claim?

No. In fact, quitting can weaken your case unless the work environment is so hostile that no reasonable person could continue working there. Consult with an attorney before making any decisions.

Can I file a claim if I signed a severance agreement?

It depends. Many severance agreements include waivers of legal claims, but these waivers are not always enforceable. An attorney can review your agreement and advise you on your options.

How We Help Clients Facing Age Discrimination

At Tuckner Sipser Weinstock and Sipser, we take a comprehensive approach to fighting age discrimination. Our process includes:

• Case Evaluation: We listen to your story, analyze the evidence, and determine the strength of your claim.
• Negotiation: Many cases can be resolved through negotiation, securing fair compensation without the need for litigation.
• Litigation: If necessary, we aggressively pursue justice in court, presenting a compelling case on your behalf.

Schedule A Free Consultation With An Experienced NYC Age Discrimination Attorney

If you’re facing age discrimination at work, time is critical. Call us at 212-766-9100 or fill out our online contact form to schedule your free consultation. Let us fight for your rights and help you achieve the justice you deserve.

[1] Timeliness | U.S. Equal Employment Opportunity Commission

[2] age-1 copy