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, #620,
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
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 associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto, Kevin Guaranda and Katerina Housos. They were all 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
I was a client with this law firm. I can't stress enough how awesome and professional the people are here. Silvia & Erica made me feel so comfortable and welcome. I never had to guess anything. Anytime I call, emailed, or even texted. They were always there. If not they would get back to me as soon as possible. My case was not an easy situation for me but I tell you these guys made it seem like it was. I'm so glad that I use Phillip & Phillip. I thank you guys from the bottom of my heart. I am so grateful to have met such awesome, honest, and caring people. Thank you again. Djuana
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana