While many are familiar with age bias and discrimination, there is a false understanding that it only affects older adults in the workplace. As a younger employee, you may feel patronized and held back by older management due to your age.
However, laws in place determine the circumstances around discrimination claims. If you believe you are experiencing age-based discrimination at work, reviewing your legal options is important. A New York City employment discrimination lawyer can help you understand your rights as an employee.
What Does the Law Say About Age-Based Discrimination?
The Age Discrimination in Employment Act (ADEA) of 1967 protects employees over 40 from workplace discrimination. Under this law, an employer cannot make hiring, firing, or promotion decisions based on an employee’s age if they are 40 or older.
However, federal law does not extend the same protection to younger workers. This is based on the assumption that older employees are at a higher risk of being pushed out of jobs due to age. As a result, if you are under 40 and believe you are being discriminated against for being too young, the ADEA will not apply.
For example, if a company chooses a younger applicant over a 45-year-old with more experience, that older applicant may have a claim under federal law. However, what happens when the discrimination occurs in reverse—when a younger, qualified candidate is passed over simply because they are perceived as too inexperienced or immature?
Does New York Law Differ from Federal Law?
New York is one of the few states that offer protections for all employees regarding age-based discrimination. According to state and New York City laws, an employer cannot discriminate against you regardless of age. This discrimination can be manifested in hiring, firing, or other employment decisions, such as promotions or a salary increase.
For example, if you are an employee with an excellent track record, you may want to receive a promotion to manager. However, if it is given to an older, less qualified employee because you are “too young” for the job, this can qualify as age discrimination under New York Law. Unfortunately, this can impact your livelihood, so you would likely suffer due to ageism.
How New York Law Protects Younger Workers from Age Discrimination
Unlike federal law, New York State and New York City laws protect employees of all ages from workplace discrimination. This means employers cannot favor or disadvantage employees based on age, regardless of whether the employee is older or younger.
Age discrimination in New York can occur in multiple ways, including:
- Hiring and Firing Decisions: Employers cannot refuse to hire or terminate employees due to age. This is regardless of whether they believe someone is too old or young for a role.
- Promotions and Pay Raises: Denying promotions or salary increases based on age rather than performance or qualifications is illegal.
- Workplace Policies and Culture: If younger employees are consistently given fewer responsibilities or excluded from leadership opportunities due to age-based assumptions, this could be discriminatory.
Recognizing Signs of Age Discrimination at Work
Age discrimination is not always blatant. Many employees hesitate to take action because they are unsure whether their experiences qualify as bias. Some common signs of workplace age discrimination include being denied promotions, raises, or leadership roles despite strong qualifications.
You may hear comments about your age suggesting you are incapable because you are “too young.” Your responsibilities might be limited or overlooked in favor of older colleagues. You could also be excluded from key projects or important meetings where leadership decisions are made. Even with strong work performance, you may receive consistently lower evaluations.
If you are experiencing any of these issues, it is important to document what is happening. Employers often justify their decisions with vague reasoning. Keeping records of conversations, emails, or performance reviews can help support your claim if legal action becomes necessary.
What Steps Should You Take If You Are Facing Age Discrimination?
If you suspect you are being discriminated against because of your age, consider taking these steps to protect yourself:
- Document Everything: Keep records of conversations, emails, or performance reviews that show a pattern of discrimination. If you were denied a promotion or raise due to age, ask for the reasoning in writing.
- Speak to HR: If you feel comfortable, report the issue to human resources. Employers must take discrimination claims seriously, which may resolve the problem internally.
- Gather Witnesses: If other employees have experienced similar treatment or witnessed discriminatory behavior, their statements may help strengthen your case.
- Consult a Lawyer: Speaking with an employment discrimination attorney can help you understand your rights and legal options.
How Our Firm Can Help with Age-Based Discrimination Claims
Qualifications, experience, and performance should determine professional success—not age. If you are a younger employee facing discrimination in the workplace, our team at Mirza Law is here to help.
New York laws offer strong protection for workers of all ages. Our team is here for those who have been treated unfairly. If you have been denied a job, promotion, or fair treatment due to age bias, we can assess your situation and guide you through the legal process.
If you believe your employer is violating your rights, please reach out. Contact us today for a consultation to discuss your employment law case. Your career should be based on your abilities—not outdated stereotypes about age.