Age Discrimination Attorney

The federal Age Discrimination in Employment Act (ADEA) protects employees 40+ at companies with 20+ employees. California FEHA protects employees 40+ at employers with 5+ employees. New York's Human Rights Law has no minimum employer size and protects workers 18+ from age discrimination, though protections are strongest for those 40+.

Evidence includes ageist comments by decision-makers ("overqualified," "not a culture fit," "we need fresh blood"), statistical patterns showing disproportionate layoffs or hiring of older workers, being replaced by substantially younger employees, denial of opportunities given to younger peers, and sudden negative performance reviews after years of positive ones.

Forced retirement is generally illegal under the ADEA and state laws. However, voluntary early retirement incentive programs are legal if the employee's decision is truly voluntary. Under the Older Workers Benefit Protection Act, waivers in severance agreements must meet specific requirements including a 21-day consideration period and 7-day revocation period.

Under the ADEA, you can recover back pay, front pay, and liquidated damages (doubling of back pay) for willful violations, but not compensatory or punitive damages. California FEHA allows unlimited compensatory and punitive damages. New York state and city human rights laws also provide compensatory and punitive damages with no caps.