New York City 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 believe you have been a victim of such practices, you may be entitled to file an age discrimination lawsuit to seek justice and compensation. 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 Ageism 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 age and other discrimination and illegal termination. Call us for a free consultation and get started today!

What is Considered Age Discrimination in New York?

Age discrimination occurs when an employer treats an employee less favorably due to his or her age. This form of discrimination can happen at any stage of employment, including hiring, promotions, compensation, job assignments, and termination.

The New York City Human Rights Law (NYSHRL) expands protections beyond federal law, covering employers with four or more employees and prohibiting discrimination based on age in all aspects of employment. It also allows employees to file complaints directly with the New York State Division of Human Rights.

Examples of Age Discrimination in the Workplace: Recognizing Illegal Practices

Age discrimination in the workplace takes many forms, from subtle biases to overt acts of unfair treatment. While some instances may be obvious, others are masked behind seemingly neutral policies or decisions. Real-world examples highlight how employees can face discrimination based on their age. If any of these resonate with your experiences, consulting with an age discrimination lawyer can help you protect your rights and take legal action.

• Discriminatory Job Postings. Certain job advertisements subtly discourage older applicants by using language such as “seeking young, energetic candidates” or “recent graduates preferred.” These phrases reflect ageist preferences and violate federal and state laws designed to ensure equal employment opportunities for individuals of all ages.
• Age-Based Hiring Practices. Rejecting qualified candidates solely due to their age is a common but illegal practice. Employers may avoid hiring individuals they perceive as “too old” for the role or may cap hiring at a certain age threshold without legitimate business justification. This behavior not only denies opportunities to older workers but perpetuates harmful stereotypes about their capabilities.
• Workplace Harassment. Workplace harassment based on age often includes derogatory remarks, teasing, or jokes targeting an employee’s perceived age-related shortcomings. Phrases like “you’re too old to understand” or “when are you retiring?” contribute to a hostile work environment. Such harassment can escalate over time, impacting an employee’s mental health and performance.
• Promotion Bias. Older workers are frequently overlooked for promotions, even when they possess superior qualifications and experience. Employers may favor younger employees based on assumptions about energy levels, adaptability, or longevity in the role, disregarding the value that seasoned employees bring to the table.
• Unfair Termination. A common scenario involves laying off older employees while retaining younger, less experienced workers. Often, this is justified under the guise of “restructuring” or “cost-cutting” but is rooted in ageist assumptions about productivity or salary requirements. A NYC age discrimination attorney can help uncover the real motivations behind such decisions.
• Pay Cuts or Demotions. Some employers reduce the salaries or positions of older workers under the pretext that they can no longer “keep up” or are less capable of handling demanding roles. These actions, driven by stereotypes rather than performance evaluations, are unlawful and damaging to employees’ careers.
• Ageist Policies or Practices. Policies that disproportionately affect older employees, such as mandatory retirement ages or training programs targeted only at younger workers, are another example of systemic discrimination. These practices limit the professional growth and opportunities of older employees and may violate both federal and state laws.
• Exclusion from Development Opportunities. Employers may exclude older workers from training sessions, professional development programs, or networking events, assuming that they are less likely to benefit from or need such opportunities. This not only hampers career progression but also creates unequal workplace conditions.
• Subtle Signals and Biases. Age discrimination isn’t always explicit. Subtle cues, like assigning older employees fewer responsibilities or not including them in team projects, can indicate underlying bias. These actions diminish the employee’s value and can be evidence of a larger pattern of discrimination.

If you’ve encountered any of these examples of age discrimination, it’s crucial to act quickly. Working with an experienced age discrimination lawyer can help ensure your rights are protected by building a strong case against your employer. At Tuckner Sipser Weinstock and Sipser, we are committed to fighting for justice and holding employers accountable for discriminatory practices. Contact us today to schedule a free consultation.

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 State law provides more expansive protections than federal regulations, ensuring fairness for employees in workplaces of all sizes. Unlike federal law, which primarily focuses on employees aged 40 and older, New York law prohibits discrimination based on age for individuals of any age group, including younger workers.

This broader coverage applies to businesses with as few as four employees, making it one of the most inclusive anti-discrimination laws in the country. Whether it’s favoritism toward older employees or bias against younger workers, New York law ensures that employers treat all employees equitably, regardless of age.

In addition to traditional age discrimination, New York law also prohibits reverse age discrimination, where younger workers face unfavorable treatment compared to their older colleagues. Employers must make decisions based on merit, not age-related stereotypes, ensuring a level playing field for all.

For employees seeking recourse, the New York State Division of Human Rights offers a clear avenue for filing complaints and seeking justice. These protections reflect New York’s commitment to maintaining fairness and equal opportunity across all age groups in the workplace.

What Should You Do Right Now If You Are Experiencing Age Discrimination in New York City?

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 age discrimination attorney. 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.

How Long Do I Have To File A Claim For Age Discrimination in New York City?

Filing 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. As experienced NYC age discrimination lawyers, we can monitor critical deadlines, ensuring your rights are preserved.

How NYC Age Discrimination Attorneys Build a Strong Case

Proving age discrimination requires a strategic approach and compelling evidence. Age discrimination isn’t always obvious, but through careful investigation and documentation, a strong case can be built. As New York age discrimination attorneys with decades of experience, we know how to uncover the facts and present them effectively. Here’s how we do it:

Direct Evidence: Clear Signs of Discrimination

Direct evidence is often the most powerful proof of age discrimination. Examples include:

• Written or verbal statements explicitly referencing age, such as, “We’re looking for fresh faces to energize the team.”
• Company policies or practices that impose arbitrary age limits or favor younger workers.

Circumstantial Evidence: Revealing Patterns of Bias

When direct evidence isn’t available, circumstantial evidence can demonstrate discriminatory intent. We look for:

• Favoritism Toward Younger Employees: Patterns in promotions, hiring, or pay scales that disproportionately benefit younger workers.
• Sudden Negative Feedback: Unexplained performance critiques, demotions, or terminations coinciding with reaching a certain age.
• Preferential Treatment: Evidence that younger, less-qualified employees received opportunities denied to older, more experienced colleagues.

Documentation: The Paper Trail of Discrimination

Discrimination often leaves a trail of written communication. Key pieces of evidence include:

• Emails, texts, or meeting notes that indicate bias or discriminatory behavior.
• Performance reviews that highlight your qualifications and contributions, countering any claims of poor performance.

Witness Testimony: Firsthand Accounts of Discrimination

Coworkers who have witnessed or experienced similar treatment can provide invaluable support for your claim. Their testimony can help establish patterns of unfair practices within your workplace.

Statistical Evidence: Systemic Discrimination Unveiled

Sometimes the numbers tell the story. Statistical data showing a disproportionate number of older employees being laid off or passed over for promotions can reveal a systemic issue within the company.

At Tuckner, Sipser, Weinstock & Sipser, our attorneys work diligently to assemble this evidence and craft a compelling argument seeking to prove age discrimination occurred. If you believe your age has been used against you in the workplace, we are here to help you seek justice and protect your rights.

Benefits of Hiring an Experienced Age Discrimination Lawyer

Hiring a lawyer specializing in age discrimination can be a crucial step in protecting your rights and seeking justice. An experienced attorney can help you navigate the complex legal process, gather evidence, and build a strong case. Here are some benefits of hiring a lawyer:

• Deep Experience: Age discrimination lawyers have in-depth knowledge of federal, state, and local laws, including the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), and the New York State Human Rights Law. This expertise ensures that your case is handled with the highest level of competence and understanding.
• Objective Perspective: A lawyer can provide an objective perspective on your case, helping you determine the best course of action and potential outcomes. This impartial view is essential in making informed decisions and avoiding emotional pitfalls.
• Evidence Collection: An age discrimination lawyer can help you gather and preserve evidence, including documents, witness statements, and other relevant materials. This thorough approach is vital in building a compelling case to prove age discrimination.
• Negotiation and Litigation: As ageism attorneys with decades of legal experience, we can negotiate with your employer or other parties on your behalf and represent you in court if necessary. Our negotiation skills can often lead to favorable settlements without the need for prolonged litigation.
• Emotional Support: Dealing with age discrimination can be emotionally challenging. A lawyer can provide emotional support and guidance throughout the process, helping you stay focused and resilient.

By hiring a tenacious New York age discrimination attorney, you can ensure that your rights are protected and that you have the best possible chance of achieving a favorable outcome.

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 age discrimination 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.

Statistics and Trends: The Growing Concern of Age Discrimination

Age discrimination is a growing concern in the United States. According to the U.S. Equal Employment Opportunity Commission (EEOC), the number of age discrimination cases increased by over 5,000 between 1997 and 2013. Here are some statistics and trends that highlight the seriousness of this issue:

• Age Discrimination Cases: The EEOC received over 20,000 age discrimination complaints in 2020 alone. This high number of complaints underscores the widespread nature of age discrimination in the workplace.
• Age Discrimination Lawsuits: The number of age discrimination lawsuits has increased significantly in recent years, with many cases resulting in substantial settlements and verdicts. These legal actions demonstrate the growing recognition of age discrimination and the willingness of courts to hold employers accountable.
• Workplace Age Discrimination: Age discrimination can occur in various forms, including hiring, promotion, termination, and harassment. Understanding these different manifestations is crucial in identifying and addressing discriminatory practices.
• Federal Age Discrimination: Federal laws, including the ADEA and OWBPA, prohibit age discrimination in employment. These laws provide a framework for protecting older workers and ensuring fair treatment in the workplace.
• New York City Laws: New York City has its own age discrimination laws, which provide additional protections for employees. These local laws complement federal and state regulations, offering a robust legal shield against age-based discrimination.

These statistics and trends highlight the importance of being vigilant and proactive in combating age discrimination. If you believe you have been a victim, consulting with an experienced age discrimination lawyer can help you navigate the legal landscape and seek justice.

Fighting Age Discrimination in the Workplace

Age discrimination is a serious issue that can have devastating consequences for employees. If you believe you have been a victim of age discrimination, it is essential to seek legal advice from an experienced attorney. With the right representation, you can protect your rights, seek justice, and hold employers accountable for their actions.

• Know Your Rights: Familiarize yourself with federal, state, and local age discrimination laws. Understanding your legal protections is the first step in defending your rights.
• Document Everything: Keep a record of any incidents, including dates, times, locations, and witnesses. Detailed documentation can be crucial evidence in proving your age discrimination claim.
• Seek Legal Advice: Consult with an experienced age discrimination lawyer to discuss your options and determine the best course of action. A knowledgeable attorney can provide the guidance and support you need to navigate the legal process.
• Take Action: Don’t hesitate to take action if you believe you have been a victim of age discrimination. The sooner you act, the better your chances of achieving a favorable outcome.

At Tuckner Sipser Weinstock and Sipser, we are dedicated to fighting for the rights of age discrimination victims. Contact us today to schedule a free consultation and learn how we can help you achieve the justice you deserve.

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

[2] age-1 copy

To learn more about age discrimination, please feel free to read through our other informational articles:

• Workplace Fairness for Women at Midlife: A Conversation on Menopause & Employee Rights with Jack Tuckner & Catherine Crider
• Are You a Victim of Age Discrimination?
• DON’T QUIT YOUR JOB. Call a lawyer first. Find out why.
• How Do You Prove Discrimination?
• Disability, Work and the Law
• If I’m Over 40, Does an Employer Need a Special Reason to Fire Me?
• Age Discrimination is a Real Thing
• Too Old to Rock and Roll
• The needs of the many…reasonable accommodation
• The Secret to Filing Administrative Complaints with the EEOC or the SDHR: Don’t Do It!