Signs of Age Discrimination

If You Feel Like You're Being Pushed Out, You Might Be Right

Most people don't expect it to happen to them. You work hard, stay loyal, adapt to new systems, and help others grow. Then slowly, almost quietly, things start to shift. You’re left out of meetings you used to lead. A younger colleague is suddenly in charge of your old team. Promotions stop coming, and the compliments turn into criticisms. It’s confusing at first. Then it starts to feel personal.

You’re not imagining it. For many workers over 40, age discrimination doesn’t arrive as one obvious event. It builds up in subtle ways that are easy to dismiss until the pattern becomes impossible to ignore. And in New York, that kind of pattern isn’t just wrong—it could be illegal.

Our employment law attorneys at Horn Wright, LLP, work with professionals across New York who’ve been marginalized, passed over, or quietly pushed out because of their age. If the signs feel familiar, we’ll help you take the next steps with confidence and clarity.

Microaggressions, "Jokes," and Subtle Ageist Remarks

Not all discrimination is loud or aggressive. In fact, some of the most damaging forms come wrapped in “harmless” jokes or repeated little digs that people think you’ll laugh off. These are called microaggressions, and over time, they send a clear message: you’re no longer wanted.

You might hear:

• “You’re really great at this, for someone your age.”
• “We need fresh energy for this one.”
• “Wow, I didn’t expect you to pick up the new system so quickly.”

On the surface, these comments may sound light. But if they’re repeated or come with changes in how you’re treated, they can be used as evidence of bias. Under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621–634, age-based comments from supervisors or HR, even if masked as jokes, can support a legal claim when paired with adverse treatment.

New York law goes further. The New York State Human Rights Law (NYSHRL), N.Y. Exec. Law § 296, protects against subtle harassment and allows emotional distress damages. So even if the comments weren’t meant to be offensive, the impact, and the legality, still matters.

Being Left Out of Training or Projects

You used to be looped in on everything. Now, it feels like you’re invisible. One of the most common, and often overlooked, signs of age discrimination is being shut out of the opportunities that help you grow. No more training invites. No chance to lead high-profile projects. No seat at the table when strategies are discussed.

This type of exclusion is often gradual and hard to spot at first, but it speaks volumes about how the company views your future there.

Here’s what you might notice:

• You’re passed over for leadership development programs without any explanation
• You’re no longer chosen for cross-department collaborations, even when they relate to your skills
• You’re kept out of training opportunities that are offered to younger employees

Under ADEA § 623(a) and NYSHRL § 296(3-a), being denied access to advancement or training based on age is a clear violation of the law. These are not just business decisions, they’re discriminatory when based on assumptions about your capability or longevity.

If your responsibilities are shrinking and opportunities are going elsewhere, it’s worth examining whether age is the reason.

Sudden Changes in Performance Evaluations

You’ve always done well, strong feedback, consistent reviews, maybe even awards. Then suddenly, out of nowhere, your performance is “not meeting expectations.” What changed?

Often, this is one of the clearest signs that something else is going on behind the scenes. When older employees are being prepared for termination or pushed out of advancement tracks, the first step is often changing the paper trail.

Common warning signs include:

• Unexplained downgrades in review language or scores
• Negative feedback that’s vague or not tied to real incidents
• Criticism for things you were previously praised for

The EEOC and New York State courts recognize this tactic, especially when it happens after raising concerns or following a shift in leadership. Under ADEA § 626(b) and NYSHRL § 296(6), fabricated or exaggerated evaluations tied to age-related bias can be part of a strong legal claim.

If your evaluations took a sudden dive and you’ve changed nothing about your work ethic, don’t accept it at face value. The “why” may have less to do with performance and more to do with age.

In New York, These Patterns Are More Clearly Actionable Than in New Hampshire’s Legal Structure

Not every state offers the same level of protection against age-based discrimination. In New Hampshire, the laws exist, but the scope is limited, especially when it comes to the types of evidence and patterns that trigger action. New York, by contrast, has built stronger enforcement into the structure of its laws.

Here’s how New York stands out:

• Smaller employers are covered, only 4 employees required under NYSHRL, compared to higher thresholds in other states
• Broader definitions of discrimination allow claims based on patterns, not just isolated incidents
• Emotional distress and punitive damages are available under New York law, unlike under federal law or in some neighboring states

These legal tools make it easier for New Yorkers to hold employers accountable when they’re pushed aside for being “too experienced” or “nearing retirement.” If you’re seeing the warning signs, you're better positioned to act in New York than in many other states.

How to Start Documenting What’s Happening

When something feels wrong at work, your instinct might be to stay quiet. You may hope things get better or fear making waves. But if you're experiencing discrimination, the smartest move you can make is to start documenting what’s happening.

This doesn’t mean recording conversations or breaking company rules, it means keeping clear, factual notes about what you’re seeing and hearing.

Start by:

• Writing down incidents: Who said what, when, and where
• Saving emails, memos, or texts that show patterns of exclusion or age-based comments
• Keeping copies of performance reviews or project assignments that show sudden changes

Documentation gives your experience weight. It helps employment law attorneys, EEOC investigators, or NYSDHR staff see what you’ve lived through in a timeline they can follow.

And under ADEA § 626(d) and NYSHRL § 297(4), the more consistent and specific your evidence, the stronger your case becomes.

Who to Talk to Inside and Outside of the Company

Navigating discrimination is tough. You want to protect your job while also addressing what’s happening. Knowing who to talk to, and when, is a huge part of that balance.

Start internally:

• Go to HR, especially if your manager is the problem
• Put concerns in writing—, give you a record
• Be specific, but avoid angry or emotional language

If you’ve already raised concerns and nothing changed, or if retaliation starts happening, it’s time to take it outside the company.

You can speak to:

• The New York State Division of Human Rights (NYSDHR)
• The U.S. Equal Employment Opportunity Commission (EEOC)
• An experienced employment law attorney who can assess your situation and next steps

Remember, retaliation for reporting age discrimination is illegal under both ADEA § 623(d) and NYSHRL § 296(7). If your employer tries to punish you for speaking up, that may strengthen your claim, not weaken it.

Horn Wright, LLP, Can Help You Take Action When You Spot the Signs

When age discrimination creeps into your work life, it often arrives slowly—through exclusion, quiet criticism, and casual comments that chip away at your role. You don’t need to wait for things to get worse before doing something about it.

At Horn Wright, LLP, our employment law attorneys help New Yorkers recognize the signs of age bias and take action early. Whether you’ve noticed a shift in how you’re treated or you’ve already been affected by demotions, exclusions, or evaluations that don’t add up, we’re here to help you protect your career and your future.

See why so many trust us as recognized advocates in employment law across the U.S.—and how Horn Wright, LLP, can step in when the signs become impossible to ignore.