Age Discrimination
The Age Discrimination in Employment Act (ADEA) is a federal law that protects employees and job applicants who are 40 years of age or older from discrimination in hiring, firing, promotions, compensation, benefits, and other terms or conditions of employment.
Federal & New York Age Discrimination Laws
Unlike the ADEA, both the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL) prohibit age discrimination against individuals of any age.
Common Examples of Violations
- Refusing to hire someone because of their age, even if they are qualified for the position.
- Terminating or laying off an employee because of their age, rather than legitimate business reasons.
- Passing over an employee for promotion in favor of a younger or older candidate due to age-related bias.
- Providing reduced benefits based solely on age, unless permitted under limited exceptions in the Older Workers Benefit Protection Act (OWBPA).
- Assigning less desirable job duties or shifts based on age-related stereotypes.
- Denying training or professional development opportunities because of age.
Mandatory Retirement & Other Protections
Retirement should always be a personal choice. Except for a few narrow exceptions under federal and state law, employers cannot impose mandatory retirement based solely on age.
Contact A Seasoned &
Qualified Age Discrimination Attorney
Please feel free to call us at (212) 233-6400 or contact us online.
