Losing a job later in your career can be devastating. At a time when people are thinking about retirement, health care, and financial stability, being pushed out of the workplace can turn everything upside down.

Age discrimination is especially troubling because older workers not only suffer discrimination in their initial loss of employment, but again in their struggle to find comparable work – not because of their skills or experience, but because of their age.

Know Your Rights

The Federal Age Discrimination in Employment Act (ADEA) protects employees who are 40 and older from discrimination and harassment in the workplace on the basis of age. This includes unfair treatment in hiring, firing, layoffs, promotions, pay, and benefits. For an employer to be held liable under the ADEA, the plaintiff must show that the employer would not have taken an adverse employment action against the employee “but for” the employee’s age. Employees are also protected under the ADEA from retaliation if they choose to speak up or challenge such discriminatory practices. 

Many states provide even broader protections. For example, the New York State Human Rights law (NYSHRL) prohibits any and all age-based discrimination and harassment against individuals 18 and older. This means that in New York, employees are not required to meet a minimum age threshold to be protected.

How We Can Help

Age discrimination in the workplace can be subtle, but the impact is real and understanding your rights early can make a real difference. If you believe age played a role in how you were treated at work, there may be legal options and remedies available to you. 

Learn more about age discrimination on the U.S. Equal Employment Opportunity Commission website.