Age Bias in Promotions & Job Assignments

Being Passed Over Because of Your Age is Unfair and Illegal

If you’ve spent years working hard, building your expertise, and showing up with commitment, it’s devastating to be passed over for a promotion that should have been yours. When someone younger, less experienced, and sometimes less qualified lands the role you had your eye on, it’s more than disappointing, it can feel like the company doesn’t see your value anymore.

You’re not imagining things. If you’re over 40 and consistently skipped for promotions or given assignments that sideline your potential, age bias could be at play. And here in New York, that’s not just unfair, it’s illegal.

At Horn Wright, LLP, our employment law attorneys work with professionals across New York who’ve seen opportunity after opportunity go to someone younger while they’ve been stuck in place. We help people prove what’s really going on, hold employers accountable, and pursue compensation for the career opportunities they’ve been wrongfully denied.

Signs You’re Being Overlooked for Promotions or Opportunities

Promotions should be based on performance, experience, and readiness, not on how old you are. Unfortunately, age bias often creeps in behind the scenes, reshaping who gets promoted and who doesn’t without any formal announcement.

Some signs you’re being overlooked may include:

• You're passed over repeatedly for promotions, even with a strong track record and seniority
• Your manager says things like “we’re looking for fresh ideas” or “you’ve already had your time”
• You’re excluded from mentorship programs, leadership training, or stretch assignments

Under the Age Discrimination in Employment Act (ADEA), 29 U.S. Code §§ 621–634, employers with 20 or more workers are prohibited from using age as a factor in promotion decisions. Here in New York, the New York State Human Rights Law (NYSHRL), N.Y. Exec. Law §§ 290–301, expands that protection to employers with as few as four employees and allows claims where age was one of several motivating factors.

If the reasons given for passing you over feel vague or inconsistent, and someone much younger continues to rise while you're left behind, it may be time to examine things more closely.

How to Prove Age Influenced Job Assignments

Job assignments are supposed to match skills, interests, and company needs. But when you’re over 40 and suddenly pushed toward lower-profile projects, left off important teams, or excluded from client-facing work, it’s worth asking why.

Sometimes it’s gradual. You’re reassigned to “support” roles. You stop getting invites to high-level meetings. Or you’re moved off your area of expertise without explanation. These shifts may be used to slowly reduce your visibility and impact at work, which can then be used to justify denying future promotions.

To prove that age influenced job assignments:

• Look at when the changes started happening
• Document any shifts in duties or responsibilities
• Compare your assignments to those of younger colleagues with less experience

Investigators at the New York State Division of Human Rights (NYSDHR) and the Equal Employment Opportunity Commission (EEOC) often rely on this kind of comparative evidence. Both ADEA § 623(a)(1) and NYSHRL § 296(1)(a) make it unlawful to base job assignments on age if it results in limited advancement or economic loss.

If the work you’re being given feels like a demotion in disguise, it might be more than poor management. It could be discrimination.

Who Gets Promoted and Why: Looking at the Evidence

Promotion decisions are often framed as merit-based, but without transparency, bias can flourish. Understanding who gets promoted and why can help clarify whether age discrimination played a role in your case.

If your company doesn’t share detailed promotion criteria, start gathering your own records. Patterns matter more than promises.

Look for:

• Age demographics of those promoted over the past 2–3 years
• Performance ratings and disciplinary records of those selected, compared to yours
• Internal announcements or manager notes that favor “young leadership” or “early-career growth”

Under N.Y. Exec. Law § 296(3-a), employers must ensure fair opportunities for promotion and advancement, not just protect against discriminatory hiring or firing. This means that if you’ve met or exceeded performance expectations and are still overlooked, there may be legal grounds for a claim.

Promotions aren’t handed out in a vacuum. If younger workers with less experience are repeatedly chosen for roles you applied for, or should’ve been considered for, you may be looking at a pattern of age-based favoritism.

New York Law Offers Broader Protections Than New Hampshire’s Narrow Scope for Internal Advancement Claims

If you’ve ever worked in both New York and New Hampshire, you may have felt the difference. New Hampshire’s anti-discrimination laws protect against age bias in broad strokes, but when it comes to internal promotion practices and job assignments, the scope is narrower.

Here’s how New York’s approach stands out:

• Employer coverage begins at four employees (versus six in NH), under NYSHRL § 292(5)
• Claims related to internal movement and promotion are recognized more broadly in New York courts
• Damages for emotional distress and punitive harm are more accessible under N.Y. Exec. Law § 297(4)(c)

By contrast, New Hampshire offers limited legal clarity around lateral assignments or informal promotion tracks. In New York, however, the law recognizes that denying advancement based on age is a form of discrimination that can impact long-term earning potential and career development.

Collecting Internal Emails, Reviews, and Comments

You don’t need a smoking gun to file a claim, but documentation can make or break a case. If you suspect age was a factor in being denied a promotion or receiving a lower-level job assignment, start gathering internal communications that support your concerns.

Here’s what to look for:

• Emails or chat messages referencing age, “fresh energy,” or concerns about “longevity”
• Performance reviews that suddenly turn negative after years of solid evaluations
• HR notes or manager comments during feedback sessions that refer to your age or make indirect assumptions

These documents can be valuable when filing a complaint through the NYSDHR or EEOC. Both agencies are trained to assess indirect evidence under ADEA § 626(b) and N.Y. Exec. Law § 296(6), which holds employers accountable even when age is one of several contributing factors.

And remember: if you're worried about retaliation, both federal and state laws prohibit punishment for collecting documents or voicing concerns about discrimination.

What to Do When HR Refuses to Intervene

It’s frustrating to file an internal complaint and feel like it’s being ignored. You might get a polite “we’ll look into it,” followed by silence. Or worse, you’re told you’re imagining things, being difficult, or need to “be a team player.” When HR doesn’t act, it’s not just disappointing, it may be legally significant.

Here’s what to do next:

• Write everything down. Document who you spoke to, when, and what they said.
• Follow up in writing. Emails create a record that’s harder to deny later.
• Don’t let the silence stop you. Contacting the NYSDHR or EEOC may be your next step.

Under N.Y. Exec. Law § 296(7) and ADEA § 623(d), retaliation for reporting age discrimination is prohibited. That means your employer can’t legally punish you for raising a concern, even if the company denies wrongdoing.

If HR refuses to intervene, or worse, if your duties start shrinking after you speak up, that could strengthen your claim. Silence isn’t neutral, it can be part of the problem.

Horn Wright, LLP, Stands with Workers Passed Over Because of Age

When you’ve been sidelined at work because of your age, it doesn’t just affect your paycheck, it hits your confidence, your career trajectory, and your sense of dignity. You shouldn’t have to accept that as part of getting older. Because in New York, it’s not legal, and it’s not okay.

At Horn Wright, LLP, our employment law attorneys stand with professionals who’ve been overlooked, minimized, or pushed out of growth opportunities simply because of how many years they’ve put in. Whether you were denied a promotion, reassigned unfairly, or left off the leadership track altogether, we’ll help you gather proof, understand your rights, and fight back.

To learn why so many people trust our firm honored among top-ranked national employment teams, we invite you to connect with Horn Wright, LLP, and take the next step toward being valued for the work you do, not the age on your résumé.