Yes, you generally can sue your employer for age discrimination in the workplace, depending on the circumstances.
Experiencing age discrimination can be confusing, and employees in your position may feel hesitant to come forward and take action. However, many workers like you may not realize they have a valid legal claim until it’s too late to pursue it.
Who Is Eligible to Sue for Age Discrimination?
The federal Age Discrimination in Employment Act, or ADEA, protects workers 40 and older from discrimination and harassment based on their age, including bias in employment decisions and policies that negatively affect older workers. The ADEA applies to all private employers with 20 or more employees, as well as employment agencies, government agencies, and most labor unions.
Some states, including New York, extend age discrimination protections to younger workers as well.
What Qualifies as Age Discrimination?
Age discrimination can come in many forms, such as unfair or less favorable treatment by your employer or persistent harassment by co-workers.
Some examples of potential age discrimination include the following:
- Your boss passes you over for a promotion in favor of a less-qualified younger candidate.
- After interviewing for a job, you receive a rejection letter saying that you were “not the right fit for our fast-paced culture.”
- Your employer institutes a policy that disproportionately impacts older workers and isn’t based on a reasonable factor other than age.
- Your co-workers regularly make rude jokes about your age, and your employer refuses to put a stop to it.
- Your company has a pattern of targeting older workers for layoffs over those with less seniority.
- After complaining about unfair treatment in the workplace, you start receiving more unfavorable scheduling and assignments.
How Do You Prove an Age Discrimination Lawsuit?
The federal legal standard for proving age discrimination under the ADEA is to establish that you would not have experienced a negative employment action, harassment, or unfavorable treatment “but for” your age.
Under the New York City Human Rights Law, a claimant must prove that age discrimination was more likely than not a “motivating factor” in a negative employment action.
Types of Evidence That Strengthen a Claim:
You will likely need to use a variety of evidence to prove your age discrimination claims, including:
- Direct evidence: This is a “smoking gun” proving discriminatory intent, such as a written message. However, direct evidence is rare in discrimination cases.
- Comparative evidence: This is evidence showing that your employer has treated you less favorably than your colleagues, demonstrating the effects of age discrimination.
- Statistical evidence: This is data that shows the company’s pattern of behavior or employment practices, such as the number of employees over a certain age.
- Documentary evidence: These include workplace documents, written records, personal notes, and other information you can use to build a record of discriminatory incidents over time.
What Should You Do Before Filing an Age Discrimination Lawsuit?
Before filing an age discrimination lawsuit in federal court, you’ll have to make an official complaint with the U.S. Equal Employment Opportunity Commission, or EEOC. After the EEOC completes its investigation, it will issue you a Notice of Right to Sue letter that grants permission to file a workplace discrimination lawsuit against your employer.
You can also pursue a claim with the New York State Division of Human Rights or the New York City Commission on Human Rights, as state and local laws generally include broader protections for age discrimination. You may file a claim with the EEOC and New York DHR concurrently, but you cannot file a claim with the city commission if you’re pursuing one elsewhere.
What Laws Protect You From Age Discrimination?
The ADEA provides broad protections from age discrimination at the federal level for those 40 and older. However, it only applies to those with at least 20 workers.
The New York State Human Rights Law, or NYSHRL, protects employees over age 18 from age-based discrimination. Following an amendment in 2019, the NYSHRL applies to all employers in New York regardless of size.
The New York City Human Rights Law, or NYCHRL, includes many of the same workplace protections as the state law, but also prohibits age-based discrimination in housing and public accommodations.
What Compensation Can You Recover in an Age Discrimination Lawsuit?
In an age discrimination lawsuit, you generally can pursue compensation for a variety of damages to make you whole. Recoverable losses include the following:
- Back pay for lost wages
- Front pay for lost future income if reinstatement isn’t possible
- Emotional distress damages
- Attorney fees and court costs
- Punitive damages, in some rare and extreme cases
A trusted discrimination lawyer can help ensure you receive all the damages available to you.
How Long Do You Have to File an Age Discrimination Lawsuit?
You typically have only 180 days from the discriminatory act to file an age discrimination charge with the EEOC. However, if a state law in your jurisdiction prohibits age discrimination in employment and a state agency enforces that law—such as in New York—you have up to 300 days to file a charge.
If you receive a Right to Sue letter from the EEOC, you’ll have 90 days to file a federal age discrimination lawsuit.
To file a claim based on the NYSHRL or NYCHRL, you have three years from the date of the discriminatory act to file a complaint with the NYSDHR or file a lawsuit in state court.
Regardless of which level you’re filing or under which law you are asserting a claim, getting started as soon as possible will give you the best chance of success.
How an Employment Lawyer Can Strengthen Your Case
An experienced employment law attorney can be a key ally in holding your employer accountable for age discrimination. At your first meeting, your lawyer can evaluate the strength of your case, explain your legal options, and guide you through your next steps.
Your attorney will also help you gather important evidence to circumvent your employer’s defenses and build support for your claims. They will engage with your employer in settlement negotiations, resolving your case early if a fair deal is available. If not, they’ll file an age discrimination lawsuit on your behalf and fight to secure the compensation you deserve.
Take Action If You Believe You Have an Age Discrimination Case
If you’re experiencing age discrimination in the workplace, don’t suffer in silence for another day. The trusted employment law team at Joseph & Norinsberg has more than 75 years of combined experience fighting relentlessly to protect the rights of workers like you.
Contact us online or call 212-227-5700 today for a free consultation with our age discrimination lawyers.
