Protecting Your Career from Age Discrimination

You Shouldn’t Have to Choose Between Respect and a Paycheck

Too many older workers feel like they’re walking a tightrope at work. You’ve built experience, shown results, and stayed loyal, but now it seems like none of that matters. You're not imagining things if leadership suddenly stops calling on you, or if younger coworkers start getting the best projects. When that shift happens, it feels personal. Because it is.

No one should have to choose between being treated with respect and keeping their job. But age discrimination forces people into impossible choices every day. Do you speak up and risk retaliation? Or stay quiet and watch your contributions get erased? For employees over 40, especially in New York, there are clear legal protections in place to make sure you don’t have to choose at all.

At Horn Wright, LLP, our legal team helps professionals just like you recognize the signs, plan ahead, and hold onto the careers they’ve worked hard to build. You don’t have to wait until you’re forced out. You can start protecting your future right now.

Being Proactive in Documenting Your Performance and Contributions

Documenting your work is about more than pride, it’s protection. When age bias starts creeping in, documentation can become your greatest ally. Keep detailed records of completed projects, performance evaluations, training participation, and any positive feedback you receive. If you're meeting expectations, or exceeding them, you need to show it.

Under New York Executive Law § 296, any adverse action based on age that impacts your job performance, promotions, or compensation is unlawful. The same holds true under the Age Discrimination in Employment Act (ADEA), which prohibits discrimination in all terms and conditions of employment. Your records serve as evidence that job decisions weren’t based on performance, but on bias.

You should also track discrepancies. If your manager claims you're underperforming but you have records of meeting your goals, document that mismatch. Save meeting notes, calendar invites, and project timelines. Create a paper trail while things are still calm, because when problems arise, it's much harder to recreate your history.

How to Respond to Ageist Comments or Assignments

Sometimes age bias shows up in subtle ways: jokes about being “old-school,” being asked to explain things to younger colleagues, or being told you're not “up to speed.” Other times, it’s more direct, being asked to “step back,” or being passed over because the company wants a “fresh perspective.” Comments like these aren't just offensive—they may also violate the law.

The Equal Employment Opportunity Commission (EEOC) recognizes that a hostile work environment can arise from repeated derogatory or stereotypical remarks based on age. In New York, NYCRR § 466.11 explicitly bars verbal or written conduct that creates an intimidating or offensive work environment for older employees.

When these comments happen, respond calmly, but firmly. You can say, “I’d like to stay focused on the work. My age doesn’t impact my ability to deliver results.” Then document the interaction, especially if it comes from a manager. If assignments are being shifted or responsibilities are quietly being taken away, write it down. And if it continues, consider reporting it through internal HR channels.

Planning Your Next Steps While You’re Still Employed

Staying proactive is key. The moment things start to feel off, that’s the time to begin planning, not when you're already out the door. While you may still want to succeed at your current job, you should also be thinking about protecting yourself if things go south.

First, review your employment contract, company policies, and any HR documentation about job duties or performance expectations. Under 29 C.F.R. § 1625.22, employers are required to maintain nondiscriminatory practices in layoffs, promotions, and training. If you’re denied training or are suddenly left out of meetings, you may have a case for disparate treatment.

Next, identify allies. Who on your team has noticed the change? Who’s seen you consistently perform? Colleagues who can vouch for your professionalism may be valuable later, either as witnesses or as support if you raise a complaint. And finally, start exploring external options discreetly. Updating your resume or connecting with recruiters isn't disloyal, it’s smart.

Compared to Maine, New York Offers Stronger Protections for Workers Over 40 Under Its Human Rights Law

If you’re based in New York, you're fortunate to be in a state that takes age discrimination seriously. While federal laws like the ADEA provide important baseline protections, state-level statutes offer more robust tools for fighting back. Compared to Maine, where courts have upheld more employer discretion in job restructuring, New York’s legal landscape is far more employee-centered.

Under New York Executive Law § 297, individuals can file complaints directly with the Division of Human Rights (DHR) and may pursue civil action even if the discrimination was not blatant. Patterns of exclusion, reductions in duties, or being set up for failure, all of these can be challenged under state law.

New York also doesn’t cap emotional distress damages in age discrimination cases. That means if you can show that the discrimination caused mental suffering or humiliation, the court can award meaningful compensation. In contrast, states like Maine have stricter limits on what workers can recover, making New York’s framework far more protective for older professionals.

Strategies for Navigating Hostile Environments Without Quitting

It’s one thing to suspect discrimination. It’s another to live with it every day while still trying to succeed. If your workplace is starting to feel toxic, you might be tempted to quit. But leaving too soon could hurt your legal options—especially if you're trying to build a case. Instead, there are ways to protect your sanity while protecting your rights.

Start by setting boundaries. If meetings become hostile or you’re constantly the butt of jokes, excuse yourself, or ask for professionalism. Keep communication in writing whenever possible. Email confirms facts in a way verbal conversations don't.

Also, consider requesting a transfer or adjustment in responsibilities, if that helps create some space. According to 29 C.F.R. § 1625.7, employers may not retaliate against workers who ask for changes due to suspected discrimination. Finally, document every incident, no matter how small. Hostile environments build over time, and the more records you have, the easier it is to show a pattern.

Building a Case While Keeping Your Career on Track

You don’t have to choose between protecting your rights and maintaining your career. With smart planning, you can do both. The first step is keeping your performance solid. Continue showing up on time, meeting deadlines, and doing quality work, even if things feel stacked against you. That consistency strengthens your case.

Then, compile your evidence. Keep timelines of when things started to change. Compare notes with performance evaluations. If younger employees are getting chances you’re not, and there’s no clear business reason, that matters. Under 29 C.F.R. § 1625.10, comparators, employees in similar roles with different treatment—can be used to demonstrate discrimination.

Lastly, consider reaching out to legal counsel early, not just after you’ve been fired. A good employment lawyer can help you determine whether you’re already in the middle of a discrimination pattern, and how to handle it without jeopardizing your job. A well-planned strategy means you don’t just survive a biased workplace, you take control of the outcome.

Horn Wright, LLP, Helps You Stand Strong Without Sacrificing Your Future

Our employment law attorneys know how emotionally exhausting it can be to work in an environment where your age feels like a disadvantage. But here’s the truth: it doesn’t have to end with frustration or forced exit. You have legal rights, and powerful tools to stand up for yourself.

Whether you're just starting to notice the signs or you’re in the middle of a complicated workplace situation, we’ll walk you through your options. From gathering evidence to filing formal complaints, we tailor our approach to your career goals, so you're protected without burning bridges.

We’re proud to be recognized among the top law firms in America for employment law. And we use that experience to help older workers in New York stay in control, without sacrificing what they’ve built.