Filing an Age Discrimination Claim

Ready to Take Action Against Age Bias? You’re Not Alone

Age discrimination at work doesn’t always show up in obvious ways. Sometimes it’s the quiet shift in tone from your manager, or the fact that you’ve been passed over, again, for a role you’re clearly qualified for. Other times, it’s much more direct. Comments about being "too experienced" or "not a cultural fit" suddenly replace recognition for your skills and time served.

You’re not imagining things. If you’re over 40 and feel like your age is being held against you, you’re far from alone, and you’re not without protection. Our employment law attorneys at Horn Wright, LLP, stand up for workers across New York who’ve experienced unfair treatment based on age. If something feels off in your workplace, we can help you figure out what’s happening and what to do about it.

How to File an Age Discrimination Complaint in New York

Filing a complaint might feel overwhelming at first. After all, most people never expect to be in this position. One day you’re showing up, doing your job, and the next you’re wondering if that subtle exclusion from meetings, or that “early retirement” talk, was something more.

New York gives employees multiple ways to take legal action when this happens. If you're over 40, the federal Age Discrimination in Employment Act (ADEA) protects you. Here in New York, the State Human Rights Law (NYSHRL) adds even more coverage. That means more employers are held accountable, and there are more pathways for you to make your voice heard.

You don’t have to jump through hoops alone, but there are forms to fill out, deadlines to track, and choices to make, especially when it comes to where you file. If you’re in New York, you’ll typically file with either the EEOC (a federal agency) or the NYSDHR (a state agency). Some people file with both at the same time. Either way, once you start the process, you’ll want to be as clear and thorough as possible.

Who You Can File With: EEOC, NYSDHR, or Both

It’s not always obvious where to send your complaint, and there’s no one-size-fits-all answer. Your decision might depend on where you work, how many employees your company has, or what kind of resolution you're hoping for.

Here’s a simple way to look at it:

• EEOC (Equal Employment Opportunity Commission): Handles federal claims under the ADEA. You can file here if your employer has 20 or more employees. The deadline is usually 300 days from the last discriminatory act.
• NYSDHR (New York State Division of Human Rights): This state agency enforces the NYSHRL. The coverage kicks in at four employees or more. You’ve got up to a year to file.
• Dual Filing: Many people start with one agency, and their complaint gets cross-filed automatically with the other. This preserves your rights under both laws.

One key difference is that federal law doesn’t allow emotional distress damages under the ADEA, while New York State law does. So if your case includes emotional toll, stress, or damage to your reputation, filing under NYSHRL could make a significant difference in how the case is resolved.

It’s a good idea to figure this out early. The agencies do work together, but the format, focus, and even the types of questions they ask can vary. Choosing your path upfront makes it easier to stay focused as the case moves forward.

What Documents to Prepare Before Filing

Filing a complaint isn’t just about stating what happened, it’s about backing it up. That doesn’t mean you need to have a binder full of emails, but the more organized you are, the stronger your claim will feel when it’s reviewed.

Start by collecting:

• Records of workplace incidents that felt discriminatory, including notes from meetings, performance reviews, or emails with age-related remarks.
• Witness names or statements, colleagues who saw or heard how you were treated.
• Employment records like your job description, history of promotions, pay changes, or any prior complaints you’ve filed internally.

Even if your evidence feels incomplete, it still matters. What’s important is showing a pattern, subtle or not, of age-based exclusion or unfair treatment.

We always recommend writing down a timeline. Not just for the claim, but for your own clarity. Being able to say, “In July, my supervisor stopped including me in project meetings,” or “In January, they promoted a 28-year-old with less experience,” helps you speak with precision and confidence.

How Filing in New York Differs From Filing in Vermont

Filing a discrimination complaint in New York is a different experience than doing so in Vermont, even though both states are worker-friendly in their own ways. In New York, the rules are tighter, the processes more structured, and the protections, especially under state law, run deeper.

Here’s where they differ:

• Broader employer coverage: New York’s Human Rights Law kicks in at just four employees. Vermont’s threshold is usually higher, meaning fewer employers fall under its umbrella.
• More robust enforcement: New York’s NYSDHR has regional offices, formal complaint systems, and a deeper investigative process. Vermont’s process can be less formal and sometimes leans toward mediation early.
• Legal scope: New York has expanded its protections in recent years, making it easier to prove discriminatory impact even if an employer didn’t use direct language.

So while Vermont may be faster or simpler, New York often gives you more ways to seek justice, especially if your case involves ongoing harm, retaliation, or damages beyond lost wages.

What to Expect Once the Investigation Begins

Once your complaint is submitted, things don’t move overnight, but that doesn’t mean they’re stalled. You’ll get confirmation that your case has been received, and depending on the agency, the next step could be mediation or a deeper review.

Here’s a look at what typically unfolds:

• Mediation offer: Many complaints are routed to early resolution first. Both parties have to agree, and it’s completely voluntary.
• Employer response: Your employer will be notified and given a chance to submit a written defense, called a position statement.
• Investigation: This part can take months. Investigators may reach out to you, request documents, or speak to witnesses on both sides.
• Findings issued: If the agency finds probable cause, your case may move to a hearing. If not, you still have the option to file a lawsuit.

This part of the process can feel slow and frustrating. You might not hear anything for weeks. Try not to panic, that silence usually just means the agency is gathering information or waiting on a response.

The best thing you can do is stay available and reply to requests quickly. Investigators have a lot on their plates. Clear communication on your part can help keep things moving.

Mistakes to Avoid During the Claims Process

Filing an age discrimination claim comes with a learning curve, and it’s easy to misstep if you’re doing it all on your own. Some mistakes seem small but can quietly hurt your chances of moving the case forward.

Watch out for these common errors:

• Missing the filing window: Don’t lose track of time. Whether it’s 300 days or 1 year, these deadlines are non-negotiable.
• Telling different versions of your story: Make sure your complaint, interviews, and documents all line up. Any inconsistencies can raise red flags.
• Taking matters into your own hands: Avoid confronting managers or discussing the case with coworkers, it can backfire and even lead to retaliation claims that distract from your core issue.

Another mistake people make? Not saving paperwork. If you get letters, forms, or emails from the agency, keep copies. If your investigator calls you, jot down the date and what was said.

Even something as simple as forgetting to update your phone number or email address can delay your case or get it closed without you realizing it.

You don’t need to be perfect, but you do need to be consistent and careful. And if things get overwhelming, there’s absolutely no shame in getting professional help to keep things on track.

Horn Wright, LLP, Can Guide You Through Every Step of Filing

Dealing with workplace discrimination is stressful enough. The last thing you need is a confusing legal process on top of everything else. That’s why our employment law attorneys at Horn Wright, LLP, are here to make this process as clear and focused as possible.

We’ve helped New Yorkers from all kinds of industries file age discrimination complaints, and we stay involved, from the first draft of your claim through agency interviews and hearings. If you're looking for legal support that feels honest, straightforward, and committed to results, we invite you to read about our recent recognition as one of the most trusted firms nationwide.