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What is Age Discrimination?

Age discrimination occurs when an employer bases an employment decision on your age rather than on your performance on the job or on your qualifications to do a job. Both federal and New York State law prohibit age discrimination by employers, but New York offers protection to a broader range of employees than federal law.

Federal law protects many workers over 40 years old from employment discrimination based on their age. If you work (or apply to work) for a company that employs more than 20 people, the Age Discrimination in Employment Act (ADEA) prohibits your employer from basing hiring, firing, promotion, benefit, layoff, compensation, training and job assignment decisions on the fact that you are over 40 unless age is a genuine qualification for your particular position. Also under federal law, a company may discriminate against a worker under 40 in favor of a worker over 40.

The New York State and New York City human rights laws offer more protection from age discrimination than ADEA. If you work (or apply to work) for a business employing more than four people, New York law prohibits the employer from discriminating on the basis of age in hiring, firing, promotion, benefit, layoff, compensation, training and job assignment decisions, unless age is a genuine qualification for the particular position.

How do I know if I’m a victim of age discrimination?

I think I’m a victim of age discrimination