Age Discrimination Settlements & Compensation

Let’s Talk About What You’re Owed

Getting sidelined because of your age isn't just frustrating, it’s personal. You worked hard, stayed loyal, and suddenly, it’s like you stopped existing. Whether it came in the form of a layoff, being passed over for promotion, or subtle comments like “we need fresh energy,” you’re left picking up the pieces of your career and wondering what’s next.

Here’s what many people don’t realize: If you’ve experienced age discrimination at work, you may be entitled to financial compensation, and not just your lost wages. In New York, the law allows for meaningful recovery. And it’s not only about the money. It’s about recognition, validation, and some peace of mind after everything you’ve endured.

Our employment law attorneys at Horn Wright, LLP, help employees across New York hold employers accountable and fight for fair outcomes. If you’ve been wronged, we’ll make sure your settlement reflects the harm, not just the paperwork.

Types of Compensation Available in New York

You can’t undo what happened. But you can seek compensation that helps rebuild what was taken from you. In age discrimination claims, you may be entitled to a range of damages—some financial, others emotional.

In New York, eligible compensation under both the Age Discrimination in Employment Act (ADEA, 29 U.S. Code § 621 et seq.) and New York State Human Rights Law (NYSHRL, Exec. Law § 296) includes:

• Back Pay: This refers to the income you lost because of discriminatory actions. It could cover missed wages, bonuses, health insurance, or retirement contributions from the time of the event to your settlement. The law treats back pay as essential, especially when there's clear proof of job loss or demotion.
• Front Pay: When returning to your former position isn’t possible, or practical, front pay helps cover what you’ll likely lose moving forward. This is especially critical for older workers who face unique challenges finding new roles at the same level. Courts look at your age, industry, and realistic job prospects when deciding how much front pay to award.
• Non-Economic Damages: Unlike federal law, NYSHRL allows compensation for emotional harm, things like stress, embarrassment, anxiety, and strain on your relationships. These losses may not show up on a paycheck, but they’re deeply real. And in New York, they're fully compensable.

Each of these forms of recovery plays a role in getting you back on your feet, financially and emotionally.

How Emotional Distress and Financial Harm Are Calculated

Let’s be honest, money can’t fix everything. But in age discrimination cases, it does play a big part in giving you a fresh start. And when it comes to emotional damages, it's not just about tears or tough days. It’s about how deeply the experience affected your life.

Emotional distress is evaluated based on:

• The severity and duration of the mistreatment
• Evidence like therapy records, journals, or testimony from coworkers or family
• Changes to your mental health, sleep, confidence, or social life

Under NYSHRL § 297(4), you can pursue compensation for emotional impact even if you weren’t terminated. That’s a big deal in New York, and it’s something many workers don’t realize is available.

For financial damages, the math is clearer. ADEA § 626(b) allows you to claim lost wages, and in some cases, liquidated damages, which means you could double your award if the employer acted willfully. This isn’t a bonus, it’s the law’s way of making sure intentional discrimination carries consequences.

When You Can Recover Attorney Fees and Liquidated Damages

Let’s face it, filing a claim takes time, energy, and usually a lawyer. The good news is that in New York, the law supports employees who pursue justice. You don’t have to pay for it all out of pocket.

If your case succeeds under either the ADEA or NYSHRL, you can recover:

• Attorney’s Fees: This includes not just your lawyer’s time, but also expert costs, filing fees, and any other legal expenses tied to your case. Under the law, it’s common for successful claimants to be awarded full reimbursement.
• Liquidated Damages: If your employer acted willfully, meaning they knew what they were doing was wrong, you could receive additional compensation equal to your back pay. This “double recovery” provision under ADEA § 626(b) punishes employers who break the law knowingly.

These added forms of recovery are more than financial tools, they’re leverage. They increase your negotiating power and protect your ability to afford the fight.

In Contrast to New Hampshire, New York Does Not Cap Damages for Age-Based Claims

Every state handles employment discrimination a little differently. And if you're in New York, you’re working with one of the strongest legal frameworks in the country.

For example, New Hampshire caps certain types of damages and doesn’t offer the same scope of emotional relief. In contrast, New York provides:

• Unlimited compensatory damages under the NYSHRL for emotional harm, humiliation, and suffering
• No cap on punitive damages, giving courts discretion in punishing egregious conduct
• Broader coverage, including for employers with as few as four employees

That’s not just a legal difference, it’s a real advantage. In New York, your claim isn't limited by arbitrary ceilings. You're allowed to pursue exactly what your experience is worth.

Settlement vs. Trial: What’s the Best Path?

Most people don’t want to end up in court. But when your livelihood, reputation, and future are on the line, you need to know your options. Settlement isn’t always better, but it can be the right move when handled wisely.

When weighing your choices:

• A settlement is faster and more predictable. You control the outcome, save time, and avoid the emotional toll of trial. It may mean less money, but often, more peace of mind.
• Trial offers potential for higher compensation. If your case is strong, documented patterns, clear harm, bad conduct by the employer, a jury could award far more than a settlement offer. But it also comes with risk, delay, and no guaranteed outcome.
• Your personal goals matter. Some people want closure. Others want a public reckoning. Neither is wrong, but knowing what matters most to you can shape your strategy.

Whether you go to trial or settle, both federal and New York laws support your right to pursue fair compensation. An experienced attorney can help you decide when to fight and when to accept.

What Makes a Fair Settlement Offer?

So, you’ve got a number on the table. But is it fair? Too often, employers make low offers, hoping you’ll say yes just to be done with it. Before you agree, take a step back and ask: does this truly reflect what I’ve lost?

A fair offer should consider:

• Your lost wages and benefits. This isn’t just your base salary. It’s your bonuses, 401(k) contributions, paid time off, and other perks you would’ve earned if not for the discrimination. If you’ve been out of work for months, those numbers add up fast.
• The emotional toll of what happened. Being treated unfairly at work hits you where it hurts, your confidence, your mental health, your identity. That impact deserves to be recognized, especially under NYSHRL, where emotional damages carry legal weight.
• The strength of your claim. If you’ve got emails, witnesses, or a clear timeline of retaliation or bias, your leverage increases. The stronger your evidence, the higher your negotiating power.

Bottom line: a “reasonable” settlement isn’t just about the employer’s offer. It’s about what you actually need to move forward.

Horn Wright, LLP, Will Help You Get a Settlement That Reflects the Harm You’ve Suffered

You didn’t imagine what happened. You felt it every day, when your work was devalued, your voice ignored, or your job taken away because someone decided you were too old. That treatment isn’t just hurtful, it’s unlawful. And if you’re seeking a settlement, it needs to do more than cover the basics. It needs to speak to what was taken from you.

At Horn Wright, LLP, our employment law attorneys help New Yorkers recover meaningful compensation in age discrimination claims. We dig deep into your experience, assess what was lost, and fight for an outcome that reflects your full story. Whether it’s financial recovery, emotional closure, or both, we don’t settle for less.

See how we’ve been recognized for setting the standard in employment litigation, and how Horn Wright, LLP, can help you secure the settlement you deserve.