Age-Based Pay Discrimination

If They’re Paying You Less Because You’re Older, That’s Illegal

When it comes to workplace discrimination, unequal pay is one of the hardest issues to spot, and one of the most harmful. If you're over 40 and notice that your paycheck doesn't quite match your responsibilities or what others earn for the same work, it might not be your imagination. You could be dealing with age-based wage discrimination.

Both the federal and New York state laws make it illegal for employers to base compensation decisions on age. These protections aren’t just technicalities, they exist because employers too often rely on assumptions about older workers: that they’re “slowing down,” “too expensive,” or “less flexible.”

Our employment law attorneys at Horn Wright, LLP, help clients throughout New York recognize when a pay gap is more than just oversight. We uncover patterns that others miss and use the law to ensure compensation reflects skill, not age.

Common Pay Gap Tactics That Hurt Older Workers

Age-based pay discrimination doesn’t always show up in obvious ways. It’s often hidden in hiring offers, performance bonuses, or unequal merit raises that leave older employees behind. Employers may not even realize the bias exists, especially when pay scales shift over time.

• Employers may offer younger hires higher starting salaries than older employees in similar roles. When this happens repeatedly, it signals a systemic preference that disadvantages long-standing team members.
• Merit increases or bonuses may consistently favor younger staff, even when performance is comparable. This isn’t just unfair, it can suggest bias in how achievement is recognized.
• Older workers may be excluded from incentive-based compensation programs entirely. Sometimes, employers justify this by citing “transition plans,” “legacy roles,” or budget constraints that somehow only apply to senior staff.

When this kind of wage structure is left unexamined, it creates a workplace where older employees do more and get less, and that’s not just inequitable, it’s illegal.

Using Salary Data to Prove Discriminatory Pay Practices

Pay discrimination cases often rely on comparing what one employee earns versus others with similar experience and responsibilities. But gathering this information isn’t always straightforward, employers don’t exactly hand out comparison charts. Still, there are ways to prove discrepancies.

• When public salary bands exist (especially in union roles or large organizations), employees can compare where they fall on the scale. If an older worker’s compensation is consistently at the low end while younger employees occupy the top, that’s relevant evidence.
• Performance metrics and bonus history can also reveal bias. If older employees receive fewer raises or smaller bonuses over time, even with solid reviews, it creates a track record that points to age-based decision-making.
• Hiring offers extended to younger professionals, especially those with less experience, can be used to show unfair pay practices. If employers refuse to offer parity to older workers despite identical or superior qualifications, the gap becomes harder to defend.

A strong legal case doesn’t require a smoking gun. A pattern of unjustified differences in pay across age groups is often enough to raise serious legal questions under both Age Discrimination in Employment Act and New York State Human Rights Law.

Job Titles vs. Responsibilities: A Hidden Wage Issue

Another tactic employers use to justify unequal pay is title inflation, assigning more senior-sounding titles to older employees without increasing their compensation. Or the opposite happens: stripping responsibilities from older workers while keeping their pay the same, only to argue that younger employees with the same title deserve more because they’re “doing more.”

Job responsibilities matter more than the title on your business card. If you're carrying a heavier workload or managing more people but being paid less than someone younger with fewer duties, that imbalance may be discriminatory.

Older employees are also more likely to be given stagnant roles, jobs that don’t evolve with the company. While newer hires get dynamic, higher-paying assignments, long-time staff may be overlooked simply because of age-based assumptions. That’s not only bad for morale, it’s a potential legal issue.

Unlike New Hampshire, New York Law Doesn’t Allow Pay Discrepancies Based on Cost-Cutting Alone

Employers sometimes defend pay gaps by pointing to budget cuts or financial strain. In some states, like New Hampshire, courts have accepted cost-saving as a justification, even when older workers are hit hardest. But New York law doesn’t offer employers that same leeway.

Under NYSHRL, pay differences must be tied to actual job performance or legitimate business needs, not general cost-cutting measures. If older employees are earning less or being excluded from raises simply because they cost more, that’s not a defense, it’s a violation.

The law in New York requires a real, provable reason for any wage difference. If your employer can’t explain why you're earning less than a younger employee doing similar work, they could be liable for wage discrimination based on age.

How to Demand Fair Pay Without Losing Your Job

It’s hard to raise concerns about pay without fear of retaliation. Many older workers worry that speaking up might jeopardize their job security or put them on a short list for layoffs. But there are careful ways to assert your value without putting yourself at risk.

• Ask for a formal review of your compensation. Framing it as a standard inquiry, not a complaint, can open the door to better pay without escalating conflict.
• Keep the conversation focused on performance. If you’ve exceeded expectations, completed projects, or taken on leadership roles, mention those as your reason for raising the issue.
• Document your conversations. Follow up meetings with an email confirming what was said. This creates a paper trail in case your inquiry leads to unfair treatment.

You have a right to fair compensation—and asking for it shouldn’t cost you your job.

Documenting Discrepancies Over Time

One of the most powerful things you can do is track your compensation over time. Pay discrimination is often subtle, it builds slowly through overlooked raises, skipped bonuses, or lower-tier promotions. That’s why keeping detailed records is essential.

Start by saving copies of your performance reviews, pay stubs, and any emails or documents related to your compensation. If a younger colleague receives a higher raise or bonus, note the difference and what justification was given.

Over time, patterns will emerge. These discrepancies, when presented clearly, can form the basis of a strong claim. You may not realize how large the gap has become until you see it laid out.

If your pay stopped growing even as your responsibilities increased, or if you’ve been told there's “no room in the budget” while others got raises, those signs matter. They tell a story that can’t be ignored, and they’re exactly what attorneys use to push back against illegal practices.

Horn Wright, LLP, Fights for Fair Pay, At Any Age

You deserve to be paid for the work you do, not discounted because of how long you’ve been doing it. At Horn Wright, LLP, we help older workers across New York challenge discriminatory pay practices using every legal tool available.

We don’t just look at paychecks, we analyze job duties, performance history, internal policies, and hiring trends to uncover patterns others overlook. Then our employment law attorneys use those facts to make your case, clearly and powerfully.

As recognized in our 2025 Best Law Firm distinction, Horn Wright, LLP, is proud to represent older professionals who refuse to be underpaid for their value. If your paycheck doesn’t reflect your contribution, we’ll help set the record straight.