Age Discrimination & Layoffs

Older Workers Are Often the First to Go, Even If They’re the Best Performers

In theory, layoffs are supposed to be about job function, not personal traits. But in practice, many older professionals are the first to be let go, even when their performance is outstanding. Companies may claim it’s about efficiency or cost-cutting, but if you’re over 40 and consistently delivering, why are you being targeted?

The reality is that age discrimination often hides in plain sight. Employers may not say outright, “You’re too old,” but the effect is the same when experience is undervalued and younger, less-experienced coworkers are protected.

Our employment law attorneys at Horn Wright, LLP, have seen this pattern across New York. We know the difference between a legitimate reduction in force and a targeted effort to eliminate older workers under the cover of budget decisions.

Layoffs Disguised as “Restructuring” or “Reorganization”

It’s common for companies to frame layoffs as part of a larger “restructuring” effort or strategic “realignment.” These phrases are meant to sound neutral, but they often mask patterns of age-based decision-making. And they’re especially convenient when used to shield the employer from scrutiny.

You might hear things like, “We’re eliminating your position,” only to see the role reappear weeks later with a new title and a younger hire. Sometimes the job doesn’t vanish—it just evolves slightly and gets reassigned to someone with less tenure.

These tactics, while subtle, are not immune from legal challenge. Under both the ADEA (29 U.S. Code § 623) and New York State Human Rights Law (NYSHRL, Executive Law § 296), it's illegal to use age as a deciding factor in layoffs, even when wrapped in corporate jargon.

How to Prove Your Age Played a Role in the Decision

You don’t need a smoking gun to make your case. You need to show that age factored into the decision, even if it wasn’t the only reason. That’s where your documentation and comparisons come in.

• Review your performance records. If they remained strong but you were laid off while younger, underperforming colleagues stayed, that’s a red flag.
• Compare severance offers. Were older workers given less favorable packages than their younger counterparts? That difference matters.
• Track replacements. If your job was "eliminated" but quickly filled by someone substantially younger, that could help support a legal claim.

You’re not trying to prove malicious intent. You’re showing that age was part of the equation, and that’s all the law requires.

Patterns in Layoffs That Point to Discrimination

A one-time layoff might not signal anything unlawful. But patterns, across teams, departments, or even a company’s history, can suggest systemic bias. When layoffs disproportionately affect workers over 40, it's worth asking why.

• Look at the numbers. If most employees laid off in a reorganization are over 40, while younger workers are spared, that data could support your claim.
• Analyze how performance was measured. Did older workers suddenly receive poor evaluations just before layoffs? That can appear pretextual.
• Track how decisions were communicated. If older employees were encouraged to “retire early” or take a “transition plan,” while younger workers weren’t, age might have influenced the messaging too.

Patterns don’t always mean intent, but they open the door for further scrutiny under both state and federal law.

In Contrast, New York Gives Workers More Leverage to Access Internal Layoff Documentation Than Vermont

State laws can make a major difference in how age discrimination claims are handled. In Vermont, workers often face barriers accessing company records or internal layoff criteria. But in New York, you have more tools at your disposal.

Through discovery under NYSHRL, you may be able to request:

• Internal spreadsheets or communications used to evaluate who would be let go
• Company-wide demographic data that shows how decisions affected different age groups
• Meeting notes or emails that document the rationale for restructuring or eliminations

New York courts tend to be more willing to compel employers to share this type of information, giving workers a stronger footing to prove their case. This advantage doesn’t exist to the same extent in states like Vermont.

What to Do Before Signing a Severance Agreement

It’s natural to feel pressure to sign a severance agreement quickly, especially if you're unsure how long you’ll be without work. But acting too fast can cost you more than you realize.

• Severance agreements often include a release of claims, which means signing away your right to sue, even if discrimination occurred.
• Some agreements may even contain clauses that prevent you from speaking about your layoff, making it harder to find witnesses or evidence later.
• Once signed, these agreements are very difficult to challenge, especially under federal rules that recognize them as final.

Always review a severance agreement with an attorney. You may be entitled to more compensation, or more legal options, than you think.

When to Challenge a Layoff in Court

You don’t need to go to court right away, but you do need to act promptly. In New York, you typically have 300 days to file a federal complaint with the Equal Employment Opportunity Commission (EEOC) and one year to file with the New York State Division of Human Rights (NYSDHR).

Filing becomes necessary when:

• The employer refuses to provide clear justification for your layoff
• You discover patterns or documentation suggesting age was considered
• Your position was not truly eliminated but given to someone younger shortly after

Litigation isn’t easy, but it’s often the only way to secure meaningful relief, especially if you lost a job that supported your family, your health benefits, or your future retirement.

Horn Wright, LLP, Can Help You Stand Up to Age-Based Layoffs

If you were laid off and suspect age played a role, you deserve answers. At Horn Wright, LLP, our employment law attorneys help New York workers uncover whether bias was involved, and if so, how to hold employers accountable under the law.

We evaluate severance terms, review internal decisions, and guide you through filing under both ADEA and NYSHRL. In many cases, we pursue dual claims for stronger outcomes and deeper remedies.

As featured in our Best Law Firm of 2025 recognition, Horn Wright, LLP, is trusted by workers across the state who want experienced counsel that’s thorough, compassionate, and ready to fight for fair treatment, especially when layoffs aren’t as neutral as they appear.