Phillips & Associates

Age Discrimination

Age discrimination in the workplace is illegal. Phillips & Associates has established itself as a leading New York workplace discrimination firm, having defended employees in New York City who have been subjected to discrimination on the basis of protected characteristics. One unfortunate yet common form of discrimination is on the basis of an employee’s age.

Age discrimination in the workplace can take many forms. Some are more apparent; other forms are subtle and unobvious. Some examples of age discrimination might include:

  • Repeatedly asking an employee, “Are you going to retire?” or “When are you going to retire?”
  • Comments such as: “He’s not a good cultural fit for the company,” “We want a more youthful image for our company,” or “We need more young blood in the company.”
  • Laying off older employees with the highest salaries first
  • A company that refuses to hire anyone who appears older than a certain age
  • Refusing to invest in an older employee’s training and growth
  • Giving poor performance reviews that are undeserved and then firing the employee based on these negative evaluations
  • Passing over an older worker for a promotion and hiring a younger person instead
  • Threatening to fire an employee if he/she does not retire
  • Forced retirement

Federal, state, and New York City laws protect employees against discrimination in the workplace because of age. The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law that protects employees who are over 40 years of age from being discriminated against because of their age. This law applies to most employers who have 20 or more employees.

The Older Workers Benefit Protection Act of 1990 (OWBPA) is a federal law that amended the ADEA to grant further protections to older employees. The OWBPA prevents employers from denying benefits to employees who are older. According to this law, an employer can only reduce benefits based on age if the cost of providing reduced benefits to older employees is the same as the cost of providing benefits for younger employees.


If you believe you have been discriminated against on the basis of your age, the attorneys at Phillips & Associates can help explain your rights and make sure they are protected. Contact our office for a free initial consultation today. Our New York age discrimination attorneys can answer your questions, inform you of federal, state, and city laws that apply to your case, and advise you about the legal options that are available to you. At Phillips & Associates, we are dedicated to making sure you achieve justice and a sense of closure. We never charge attorney’s fees unless we recover compensation on your behalf. Find out about our latest cases in the news for more information on how Phillips & Associates can help protect your rights.

If you have been the victim of age discrimination in the workplace, contact the law office of Phillips & Associates by calling (212) 248-7431 or fill out our online Contact Us form to schedule a free consultation with an experienced New York age discrimination lawyer to discuss your rights and legal options.

45 Broadway, #430
New York, NY 10006
Tel: 212-248-7431
Fax: 212-901-2107
New York Employment Attorney Blog - Age Discrimination
New Jersey Employment Lawyer Blog - Age Discrimination
Client Reviews
Phillips & Associates did a wonderful job. I would recommend Brittany Stevens. Angel
Employment dispute I had a dispute with my former employer, Jesse Weinstein was patient and thorough with my case. He covered every angle and was able to help me with my dispute. I would recommend Jesse Weinstein and Phillips and Associates in the future to anyone. Margaret
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associate that assisted Brittany was Yusha Hiraman. She was professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen