Age Discrimination in Hiring Practices

“Overqualified” Isn’t Just an Excuse, It’s Often Code for Age Bias

It’s a phrase that looks harmless on paper, "You’re overqualified." But when you're in your 40s, 50s, or beyond and hear it after every interview, it doesn’t feel harmless. It feels like rejection wrapped in a compliment. And deep down, you know what they’re really saying.

That you're too experienced. That they’d rather bring in someone younger. Maybe even cheaper. Age bias is one of those things people try to hide behind professional wording, but the impact is personal, and unfair.

At Horn Wright, LLP, our employment law attorneys have heard it all. We’ve worked with job seekers across New York who’ve been quietly sidelined in hiring just because of how many years they’ve spent building their careers. If you’re starting to question whether your age is working against you, we’re here to help you uncover the truth, and take action if the law’s been broken.

How Age Discrimination Shows Up Before You’re Even Hired

Sometimes you never even make it to the interview stage. Other times, the conversation is friendly until your resume—or your face—makes them pause. The truth is, hiring discrimination against older applicants often kicks in long before an offer is ever made.

Federal protections under the Age Discrimination in Employment Act of 1967 (ADEA) make it illegal for employers to discriminate against applicants who are 40 or older. New York takes it further. Under the New York State Human Rights Law (NYSHRL), virtually all private employers (with four or more employees) must follow these anti-discrimination rules.

Still, hiring bias continues, just in more subtle ways:

• You’re asked to upload your birth year to complete an application
• The company says you’d be “bored” in a junior role
• A recruiter suddenly stops replying after you mention years of experience

These aren’t isolated events. They’re patterns that, when put together, reveal age-based exclusion. And under both state and federal law, it’s illegal.

The Problem with Job Ads That Target “Young Energy”

Ever scroll through job listings and feel like they’re not talking to you at all? Words like “fast-paced,” “fresh perspective,” and “ideal for recent grads” might seem harmless, but they often signal that older workers aren't welcome.

The ADEA and NYSHRL both prohibit job postings that discourage applicants based on age. Yet coded language still pops up all the time. Even worse, some companies think using this kind of language is subtle enough to avoid consequences.

You might recognize these red flags:

• “Digital native” or “tech-savvy superstar” that excludes older applicants who didn’t grow up with apps but know the tools just fine
• “Young, energetic team environment” that implies a certain age group is preferred
• Internship ads with no age-neutral language, when by law, opportunities must be available to qualified candidates of any age

These aren’t just sloppy phrases, they can violate anti-discrimination laws. When ads consistently suggest a youth-centered culture, older applicants are pushed out before they ever get the chance to apply.

And if that’s happening across industries, especially in tech, marketing, and finance, it’s not about “fit.” It’s about bias.

New York’s Legal Protections for Older Job Applicants

New York’s protections are among the strongest in the U.S. While federal law under the ADEA sets the standard for protecting applicants 40 and older, the NYSHRL broadens those rights—and enforces them more aggressively.

Here’s what sets New York apart:

• Employer size threshold is lower: The NYSHRL applies to businesses with just four employees. The ADEA only kicks in at 20 or more.
• Broader definition of discrimination: In New York, employers can be held accountable for both direct and indirect age bias.
• Emotional damages allowed: Under the NYSHRL, applicants may recover damages for emotional distress, which the ADEA doesn’t provide.

And you don’t have to wait for a hiring manager to say something blatantly ageist. In New York, showing a pattern of preference for younger hires or using coded hiring practices may be enough to support a complaint through the New York State Division of Human Rights (NYSDHR).

Hiring Laws in New Hampshire Provide Fewer Enforcement Avenues Than New York

If you’ve ever applied to jobs in both New York and New Hampshire, you might’ve noticed the process, and the protections, feel different. That’s because they are.

In New Hampshire, anti-discrimination laws also protect older applicants under RSA 354-A, but enforcement is more limited, and coverage doesn’t extend as far:

• Employer size: New Hampshire applies anti-discrimination laws to employers with six or more employees, compared to New York’s four.
• Damages: New York allows for a wider range of remedies, including emotional distress and administrative hearings through the NYSDHR.
• Oversight: New York’s enforcement body is more active, with regional offices and staff trained specifically in employment discrimination investigations.

In short, older job seekers in New York are better protected, and have stronger legal tools, if they believe they’ve been unfairly screened out due to age.

Proving Discrimination in the Hiring Process

So how do you prove something that often happens behind the scenes? It’s not always easy, but it’s absolutely possible. Under both the ADEA and NYSHRL, job applicants don’t need to show direct evidence. Circumstantial proof, if it’s strong, can be enough.

People often build their case from patterns, paper trails, and timing.

You might want to document:

• Rejection trends where less experienced, younger candidates were hired instead
• Inappropriate interview questions about your retirement plans or energy level
• Recruiter or HR comments that hint at “younger fit” or “too experienced”

And here’s the good news: under the 2020 amendments to the NYSHRL, the burden of proof is lower than it once was. You don’t have to prove age was the sole reason you were rejected, just that it played a role.

Keep records. Write down what was said in interviews. If something felt off, it probably was.

What Employers Are Allowed and Not Allowed to Ask

Not every awkward interview question is illegal, but some are. And when those questions focus on age-related details, they can cross the line into discriminatory territory.

In New York, employers are allowed to assess your qualifications, skills, and relevant experience. What they can’t do is dig into personal details that aren’t connected to the job.

Here’s a breakdown:

• Permitted: “Tell me about your experience with this software.”
• Not Permitted: “When did you graduate from high school?”
• Not Permitted: “Are you comfortable working with younger supervisors?”
• Not Permitted: “Do you plan to retire in the next few years?”

Under both the NYSHRL and ADEA, questions like those last three are inappropriate. Even if the tone is casual, they can create a hostile or exclusionary hiring environment.

If you were asked any of those, or if the vibe suddenly changed after you answered, it’s worth documenting. It could become part of your claim later.

Horn Wright, LLP, Fights for Fair Hiring Practices for All Ages

When age becomes a barrier instead of a benefit, it’s time to push back. You deserve to be considered for jobs based on what you bring to the table, not how many birthdays you’ve had.

At Horn Wright, LLP, our employment law attorneys help New Yorkers who are tired of hearing “You’re overqualified” as a way to mask real bias. We understand how painful and demoralizing age discrimination can be, especially when you know you could’ve done the job better than anyone they hired.

If you've experienced hiring practices that feel wrong—or if you've been passed over again and again without a clear reason—our team can help you understand your options and fight for fairness. Visit our profile highlighting why Horn Wright, LLP, was recognized nationally to see what sets us apart.