Your experience should be an asset, not a target.

Age discrimination in the workplace is illegal, yet it remains one of the most common forms of employment discrimination. It can show up in a hiring decision, a layoff, a promotion that never comes, or a work environment that makes older employees feel unwelcome and pushed out. If you believe your employer has treated you differently because of your age, the attorneys at Dudani Law are ready to help. We represent employees in New York and New Jersey who have been subjected to age discrimination on the job.

What our clients typically experience

Our older clients are often among the most experienced people on their teams, right up until a restructuring puts a target on their backs. They hear comments about energy, retirement, or keeping up, then watch younger, cheaper colleagues take their place. They come to us wondering whether it was really about age. Frequently, the timeline tells the story.

What Is Age Discrimination in Employment?

Age discrimination occurs when an employer takes an adverse employment action against an employee or job applicant because of their age. It can be direct and overt, or subtle and systemic. Common examples include:

• Termination or layoff targeting older workers
• Failure to hire based on age
• Denial of promotion in favor of younger, less experienced employees
• Unequal pay or benefits tied to age
• Age-based harassment or hostile work environment
• Forced or pressured retirement
• Negative performance reviews motivated by age bias rather than actual performance

Employers rarely announce age-based intent. More often, age discrimination is obscured behind stated reasons such as restructuring, performance issues, or budget constraints. Identifying and proving age discrimination requires careful investigation of the facts, and an experienced employment attorney can make a meaningful difference in your ability to build that case.

Signs You May Have a Claim

• You were laid off in a "restructuring" while younger workers in similar roles were kept.
• A manager joked about your "energy," your "retirement plans," or whether you can "keep up."
• You were replaced by someone significantly younger and less experienced.
• Suddenly negative reviews replaced years of strong evaluations.
• You were pressured to accept an "early retirement" package or asked when you plan to retire.
• Training, travel, or stretch assignments stopped going to you and started going to junior staff.

Laws That Protect You

Federal Law: The Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act prohibits employers with 20 or more employees from discriminating against workers who are 40 years of age or older. The ADEA covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. The ADEA was amended by the Older Workers Benefit Protection Act (OWBPA), which provides additional protections for older workers, including requirements that employers follow specific procedures before asking a worker to waive their ADEA rights in connection with a severance agreement. If you are 40 or older and have been asked to sign a severance agreement, you should consult an attorney before doing so.

New York State Human Rights Law (NYSHRL)

The New York State Human Rights Law prohibits age discrimination by any employer in New York State with one or more employees. The NYSHRL extends its protections to workers as young as 18, making it considerably broader than the federal ADEA in terms of who is covered. If you work outside of New York City or your employer is too small to be covered by the ADEA, the NYSHRL may still provide you with meaningful protection.

New York City Human Rights Law (NYCHRL)

The New York City Human Rights Law is one of the most expansive anti-discrimination statutes in the country and prohibits age discrimination in employment for workers above the age of 18. The standard for establishing a claim under the NYCHRL is more favorable to employees than under federal or state law: a worker need only show they were treated less well than other employees because of their age, and that the differential treatment was more than trivial or petty. Courts are required to construe the NYCHRL broadly in favor of plaintiffs.

New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination prohibits age discrimination in all aspects of employment and applies to employers of all sizes. Unlike the ADEA, the NJLAD does not limit its protections to workers who are 40 or older; it protects workers age 18 and up. In addition, New Jersey has eliminated the prior statutory provision that had allowed employers to refuse to hire or promote individuals over the age of 70, meaning there is no upper age limit on the NJLAD's protections.

Types of Age Discrimination Claims

Disparate Treatment

Disparate treatment occurs when an employer intentionally treats an employee less favorably because of their age. For example, if you are a 58-year-old employee who is passed over for a promotion in favor of a significantly younger and less experienced colleague, and age was a motivating factor in that decision, you may have a disparate treatment claim. Under the ADEA, the causation standard requires showing that age was the "but-for" cause of the adverse action, which is a higher bar than under state and local law. The NYCHRL and NJLAD apply more favorable standards for employees.

Reduction in Force and Targeted Layoffs

Age discrimination frequently surfaces in corporate restructuring and reductions in force. When a disproportionate number of the employees selected for layoff are older workers, that pattern may be evidence of age discrimination, even if the employer characterizes the decision as purely business-driven. The OWBPA provides additional protections in these situations, including requirements that employers disclose information about the ages and job titles of other employees selected or not selected for a layoff program when asking older workers to waive their ADEA claims.

Hostile Work Environment

Age-based harassment can give rise to a hostile work environment claim. This may involve repeated derogatory comments about an employee's age, jokes implying that older workers are out of touch or should retire, or a pattern of treatment that makes the workplace hostile or demeaning based on age. Under the NYCHRL, the harassment need not be severe or pervasive; it need only subject the employee to inferior terms or conditions of employment because of their age. Federal and state law require a higher showing of severity or pervasiveness.

Forced or Pressured Retirement

An employer cannot force or pressure an employee to retire because of their age. Under both the ADEA and the NJLAD, mandatory retirement policies are generally prohibited except in very limited circumstances. If you have been told directly or indirectly that it is time to retire, or if you have been offered an early retirement package under conditions that felt coercive, you should speak with an attorney about your rights.

How to Document

• A private log of age-related comments, who said them, and who was present.
• Performance reviews, especially ones that suddenly turn negative.
• Layoff selection documents, severance packages, and any OWBPA disclosures.
• Job postings, internal openings, and information about who was hired, promoted, or retained.
• Demographic information about who was selected for a reduction in force.

Severance Agreements and the OWBPA

If your employer offers a severance agreement that asks you to waive ADEA claims, the OWBPA requires specific protections: you must be given at least 21 days (or 45 days in a group layoff) to consider the agreement, you must be advised in writing to consult a lawyer, and you must be given seven days to revoke after signing. Do not sign a severance agreement waiving ADEA claims without a lawyer's review.

Retaliation Is a Separate Violation

Retaliation against employees who report age discrimination or participate in a related investigation is prohibited under the ADEA, the NYSHRL, the NYCHRL, and the NJLAD. If you experience any adverse change in your employment situation after raising a complaint, such as demotion, reduction in hours, reassignment, or termination, document those changes carefully and consult an attorney promptly.

What Damages Can I Recover?

• Back pay for lost wages and benefits from the time of the adverse action.
• Front pay for future earnings you would have received but for the discrimination.
• Liquidated damages, available under the ADEA for willful violations, equal to the amount of back pay awarded.
• Compensatory damages, including emotional distress and mental anguish (uncapped under the NYSHRL, NYCHRL, and NJLAD).
• Punitive damages, available in cases of egregious conduct under the NYCHRL and NJLAD.
• Attorneys' fees and costs.

Why Clients Choose Dudani Law

• We see the pattern. Age cases often hide behind "restructuring" and "performance," and we know how to expose pretext.
• We protect your severance rights. We review OWBPA waivers before you sign anything away.
• We use every law. The ADEA, NYSHRL, NYCHRL, and NJLAD, whichever gives you the strongest footing.
• No fee unless we win. We handle age discrimination cases on a contingency basis.

Frequently Asked Questions

Am I protected from age discrimination if I am under 40?

It depends on where you work. The federal ADEA only protects workers who are 40 or older. However, if you work in New York or New Jersey, the NYSHRL, NYCHRL, and NJLAD protect workers as young as 18 from age discrimination.

What should I do if I think I am being discriminated against because of my age?

Document everything. Keep a record of incidents, including dates, times, locations, the individuals involved, and what was said or done. Preserve any emails, texts, or other communications that reflect age-related comments or decisions. If your employer has a human resources department, consider whether to make an internal complaint, understanding that doing so creates a record and may also trigger retaliation concerns your attorney can help you address. Contact an employment attorney as early as possible.

Can my employer retaliate against me for complaining about age discrimination?

No. Retaliation against employees who report age discrimination or participate in a related investigation is prohibited under the ADEA, the NYSHRL, the NYCHRL, and the NJLAD. If you experience any adverse change in your employment situation after raising a complaint, such as demotion, reduction in hours, reassignment, or termination, document those changes carefully and consult an attorney promptly.

I was laid off in a company restructuring. Could that be age discrimination?

It could be. Reductions in force are a common vehicle for age discrimination. If you were among a group of older workers disproportionately selected for layoff, or if younger employees in similar roles were retained, that pattern may support a claim. Additionally, if you were asked to sign a severance agreement waiving your age discrimination claims, you should review that agreement with an attorney before signing. The law provides specific rights and waiting periods for workers 40 and older in this context.

My employer keeps making comments about me being "too old" or "past my prime." Is that actionable?

Age-based comments can be evidence of discriminatory intent and may themselves give rise to a hostile work environment claim, particularly under the NYCHRL and NJLAD. Even if the comments do not rise to the level of an independent claim, they can significantly strengthen a broader age discrimination case. Keep a detailed record of any such comments, including when they were made, who made them, and who was present.

Can I file a claim if my employer has fewer than 20 employees?

Yes. The ADEA applies to employers with 20 or more employees, but the NYSHRL covers employers with as few as one employee in New York, and the NJLAD applies to all employers in New Jersey regardless of size. Smaller employers are not exempt from liability under state law.