Sometimes it starts quietly. Promotions stop. Responsibilities shift. Comments about “new energy” or “long-term runway” start appearing in meetings. Then one day you are told your role is being eliminated, or that the company is “moving in a different direction.”
If you are 40 or older, both federal and New York laws protect you from discrimination based on age. Knowing how to file a complaint, and where to file it, can shape what options remain available to you.
What Counts as Age Discrimination Under New York and Federal Law?
The federal Age Discrimination in Employment Act protects workers age 40 and over. New York State Human Rights Law also prohibits discrimination based on age and, in many situations, applies more broadly. Age discrimination may involve:
- Being passed over for advancement in favor of significantly younger employees
- Layoffs that disproportionately affect older workers
- Repeated comments about retirement or generational stereotypes
- Sudden negative evaluations that reference adaptability, energy, or culture fit
The issue is not whether age was mentioned directly. It is whether age influenced the employment decision.
Step 1: Preserve Records Before Filing Anything
Before filing a complaint, gather what you can. Save performance reviews, internal emails, text messages, hiring postings, and any comments referencing age. Keep a timeline of events. Write down what changed and when.
Short gaps in time between age-related comments and adverse action can matter. Patterns matter too.
The earlier documentation is organized, the clearer the picture becomes.
Step 2: Decide Where to File Your Age Discrimination Complaint
In New York, you typically have two main administrative paths:
Filing with the Equal Employment Opportunity Commission
Filing with the New York State Division of Human Rights
Where you file can affect how your case proceeds.
Filing with the EEOC
If you plan to pursue federal claims under the Age Discrimination in Employment Act, you must file a charge with the EEOC first. In New York, you generally have 300 days from the discriminatory act to file.
After review, the EEOC may investigate, offer mediation, or issue a Notice of Right to Sue. Once that notice is issued, you typically have 90 days to file a lawsuit in federal court.
Filing with the New York State Division of Human Rights
You may also file directly with the New York State Division of Human Rights. State law claims can sometimes provide broader remedies, depending on the circumstances.
Filing choices are strategic. Some employees want a faster path to litigation. Others prefer investigation or mediation first. Each route has consequences.
What Happens After an Age Discrimination Complaint Is Filed?
Once a complaint is submitted, the agency may request documents from your employer, interview witnesses, or evaluate whether the claim meets legal standards. Investigations can take time. Employers are often represented by counsel early in the process.
In some cases, filing a complaint changes the workplace dynamic immediately. In others, the employer may begin preparing a defense before the investigation even starts.
Preparation before filing can make a difference.
When to Speak with an NYC Age Discrimination Lawyer
You do not have to wait until you are ready to file. Many employees consult a lawyer while they are still employed or before submitting an agency complaint.
An NYC age discrimination lawyer can evaluate:
- Whether your facts meet the legal threshold
- Which agency or court path aligns with your goals
- How to preserve claims before deadlines expire
- Whether severance negotiations are an option
Protecting Your Position Before Deadlines Close
Age discrimination claims are subject to strict filing deadlines. Once those deadlines pass, certain legal remedies may no longer be available. Evidence can also become harder to obtain as time moves on.
Mizrahi Kroub LLP represents employees across New York in age discrimination matters involving termination, demotion, hiring decisions, and restructuring. As a plaintiff-side employment law firm based in New York City’s Financial District, our attorneys understand how employers structure defenses in these cases and how to build a strong record from the beginning.
If you believe age influenced how you were treated at work, contact Mizrahi Kroub LLP to speak with an NYC age discrimination lawyer. Getting guidance early helps you understand your options and decide what steps make sense before filing deadlines limit them.
