Understanding the Age Discrimination in Employment Act (ADEA)

Federal Law Protects You, But It Doesn’t Do Everything

The Age Discrimination in Employment Act (ADEA) is the core federal law that protects workers aged 40 and older from being mistreated simply because of their age. It prohibits age-based decisions when it comes to hiring, firing, promotions, compensation, and other employment conditions. If you’ve started feeling sidelined or suspect your age influenced how you were treated at work, the ADEA is a law that might apply to your case.

But here’s where it gets complicated: ADEA only applies to employers with 20 or more employees. It doesn’t allow you to seek damages for emotional distress or hold individual managers accountable. And it requires you to prove that age was the primary reason for your employer’s decision, not just one factor among many.

That’s why many older workers in New York don’t rely on ADEA alone. Our employment law attorneys at Horn Wright, LLP, understand how to combine ADEA with New York State Human Rights Law (NYSHRL) to build a broader, stronger, and more effective case.

Who’s Covered by the ADEA and What It Guarantees

The ADEA protects employees who are 40 or older and who work for employers with at least 20 employees. That includes private companies, as well as federal and local governments. The law makes it illegal to treat older employees less favorably than younger ones in decisions about pay, promotions, benefits, job assignments, and terminations.

Still, the ADEA has limits that are important to understand:

• It does not apply to employers with fewer than 20 employees, leaving out many startups and small businesses.
• Emotional harm caused by age discrimination isn’t compensable under the ADEA, you can’t sue for stress or humiliation, only for financial losses.
• The law requires clear proof that age was the primary reason for the mistreatment, which isn’t always easy to show.

That’s why New York State Human Rights Law (NYSHRL) often offers a better path for older workers. NYSHRL has a broader scope, covers smaller employers, and includes emotional and punitive damages. Together, these two laws can offer powerful protection.

ADEA vs. New York Human Rights Law: Which Offers More Protection?

While the ADEA is a federal law, New York’s NYSHRL offers wider protections for employees in nearly every category. NYSHRL covers all employers with four or more employees, dramatically increasing how many people it applies to.

It also allows for the recovery of emotional damages, which ADEA does not. That matters, because being demoted, pushed out, or passed over again and again can take a toll. You deserve to be compensated not just for lost income, but also for the mental and emotional harm caused by being mistreated due to age.

Most importantly, NYSHRL doesn’t require that age be the only reason behind your employer’s actions. If age played any role at all, the law may apply. That lower burden of proof makes it easier to pursue a case in state court, even if you wouldn’t have a strong claim under ADEA alone.

How ADEA Cases Are Handled Differently Than State Claims

When you file an age discrimination claim under the ADEA, you have to go through the Equal Employment Opportunity Commission (EEOC) first. You must file within 300 days of the discriminatory act if you live in New York. After the EEOC receives your complaint, they may investigate, offer mediation, or issue a “Right to Sue” letter that allows you to take your case to federal court.

Here’s how ADEA and NYSHRL processes compare:

• ADEA requires you to start with the EEOC. NYSHRL claims can begin with the New York State Division of Human Rights (NYSDHR) or be filed directly in state court.
• ADEA focuses on measurable factors like salary, position, and promotions. NYSHRL allows broader claims, including isolation, marginalization, and stereotypical behavior.
• ADEA doesn’t provide for emotional distress or punitive damages. NYSHRL does, making it more effective for many older employees.

Horn Wright, LLP, can help you decide whether to pursue one or both paths. Every case is different, and sometimes using both laws together gets the best results.

New York Allows Broader Claims Than New Hampshire’s Limited Coverage Under the ADEA

In New Hampshire, legal protections for older workers are more limited. While ADEA still applies federally, the state doesn’t provide the same strong protections that New York does under NYSHRL. That means fewer options for employees trying to recover damages or prove subtle forms of age discrimination.

New York’s broader interpretation of workplace discrimination allows you to build a case based on patterns of behavior, vague justifications for demotions or firings, or age-related jokes and comments that create a hostile environment. That’s often not possible under New Hampshire law, which focuses more narrowly on direct, provable discrimination.

Because New York offers both federal and robust state-level remedies, workers in New York are in a far better position to file meaningful claims and receive proper compensation.

What to Expect When Filing a Federal Age Discrimination Case

Filing a federal ADEA claim can feel intimidating at first, but the process follows a set path. Once you file your complaint with the EEOC, the agency will notify your employer and give them a chance to respond. The EEOC may ask both parties to consider mediation, and if that doesn’t resolve the issue, they’ll continue the investigation.

If the agency doesn’t issue a finding or resolve the case within 180 days, you have the right to request a “Right to Sue” letter. Once you receive it, you have only 90 days to file a lawsuit in federal court. That’s a tight timeline, which is why we recommend working with an attorney from the start.

Federal courts also require more detailed evidence than state claims. Expect to collect:

• Performance evaluations over time, especially before and after turning 40.
• Company policies or communications that reference age in hiring or termination.
• Internal comparisons between older and younger employees with similar roles.

These documents are critical. We work closely with our clients to gather and organize everything needed before a claim is ever filed.

Can You File Both Federal and State Claims Together?

Yes, and in many situations, that’s exactly what we recommend. Filing a claim with the EEOC doesn’t prevent you from also filing under NYSHRL, it may even start both cases at the same time. This is called dual filing, and it protects your rights under both federal and state law without requiring twice the paperwork.

Dual filing helps in several ways:

• It increases the scope of your potential recovery, federal law may cover lost wages, while state law could address emotional harm.
• It preserves your right to sue in either federal or state court later on.
• It allows multiple agencies to investigate the situation and potentially take action.

Horn Wright, LLP, helps clients prepare a comprehensive legal strategy that doesn’t leave any protections on the table. Timing, documentation, and agency coordination are all handled so you don’t have to manage it alone.

Horn Wright, LLP, Will Help You Use Every Law That Applies to You

If you’re over 40 and suspect you were treated unfairly at work, the law may be on your side, but only if you use it. Horn Wright, LLP, understands how the ADEA and NYSHRL complement one another and how to apply both in ways that matter for your career, your finances, and your well-being.

Whether your employer is large or small, whether the bias was obvious or subtle, our employment law attorneys take every available law into account. We don’t just file claims, build legal arguments that are complete, timely, and designed to stand up in court if needed.

As noted in our Best Law Firm of 2025 recognition, Horn Wright, LLP, brings experience and focus to every case. We’re ready to help you assert your rights and pursue every form of relief the law allows.