Workplaces often pride themselves on being diverse and inclusive, but many employees in New York continue to face barriers when age or disability becomes part of the equation.
According to the Equal Employment Opportunity Commission (EEOC), 1,087 age-discrimination charges were filed in New York in 2009. By 2023, filings had declined to 687. This decline does not necessarily mean that age bias has disappeared. Advocates point to more subtle forms of bias, such as coded job descriptions and quiet screening practices, which are harder for workers to detect and prove.
Being turned down for a promotion because of “retirement potential,” losing a job after requesting an accommodation, or enduring subtle jokes about your age or disability are not just unfair — they are unlawful. At Brown Kwon & Lam, we work with employees who want to understand their rights and options when discrimination threatens their livelihoods.
Age Discrimination: The Silent Barrier
Age discrimination often hides behind polite language. A supervisor may say a position requires someone with “youthful energy” or suggest that an older worker is “overqualified.” These phrases can mask an employer’s bias. Under the federal Age Discrimination in Employment Act (ADEA), workers age 40 and older are protected from being treated less favorably because of age. New York law goes further, prohibiting age discrimination against anyone 18 or older.
The law is not limited to termination. Age bias can affect promotions, pay, job assignments, and training opportunities. For example, if younger employees consistently receive development programs while older employees are sidelined, that may constitute discrimination. Layoffs that disproportionately affect older workers without a clear, legitimate business reason can also raise red flags.
Disability Discrimination: Persistent Challenges
Disability discrimination remains a persistent issue in New York, with the number of reported charges rising from 949 in 2009 to 1,331 in 2023. It takes many forms, from denying a qualified applicant a job because of a medical condition to refusing to provide a reasonable accommodation for an existing employee.
Federal law, through the Americans with Disabilities Act (ADA), prohibits discrimination based on disability and requires employers to make accommodations unless doing so would create undue hardship. State and city laws go further by covering more conditions and extending protections regardless of employer size.
A disability under the law is not limited to visible conditions. Mental health disorders, chronic illnesses, and even temporary impairments can be covered. Many employees delay asking for accommodations out of fear of stigma, but the law is designed to ensure you can continue performing your job without being punished for your health needs.
Recognizing Subtle Discrimination
Both age and disability discrimination are often subtle. Few employers will say directly, “We don’t want older workers” or “We don’t hire people with medical conditions.” Instead, employees may notice patterns: younger workers being fast-tracked while older ones are left behind, or requests for accommodations being ignored until performance reviews reflect avoidable “shortcomings.”
In some workplaces, comments create a hostile environment. Age-related jokes, constant remarks about being “too old to keep up,” or dismissive comments about a disability can add up to a pattern of harassment. Under New York City law, the standard for proving harassment is intentionally lower than federal law — you do not need to show conduct was “severe or pervasive,” only that you were treated worse because of who you are. That difference can be crucial for employees deciding where to assert their rights.
What to Do If You Suspect Discrimination
When employees realize something is wrong, their first reaction is often uncertainty. Should you report it internally? Should you contact an outside agency? Should you consult a lawyer first? The answer depends on timing and context, but there are some guiding steps.
The most practical starting point is documentation. Keep records of emails, performance evaluations, meeting notes, and any comments related to age or disability. A contemporaneous record can make the difference between a claim that stalls and one that moves forward.
Many companies have internal complaint procedures, usually through Human Resources. Filing an internal complaint can show you gave your employer a chance to correct the problem, which may be important if the case proceeds later. For disability-related issues, putting accommodation requests in writing helps establish a clear timeline.
At the same time, employees need to be mindful of legal deadlines. Federal claims through the Equal Employment Opportunity Commission (EEOC) usually must be filed within 180 days, though that can extend to 300 days in New York due to overlapping state law. Under the New York State Human Rights Law, employees often have up to three years to bring a claim. The deadlines vary, and missing them can foreclose the chance of recovery. That is why speaking with a law firm like Brown Kwon & Lam early in the process is essential.
The Role of Legal Remedies
When age or disability discrimination is proven, the remedies are designed not just to compensate employees but also to deter unlawful practices. Remedies can include back pay for lost wages, reinstatement to a prior job, front pay if reinstatement is not feasible, and compensation for emotional distress. Courts and agencies may also order employers to change policies, provide training, or implement accommodations moving forward.
These remedies are not automatic. They depend on the facts, the forum where the claim is filed, and the strength of the evidence. Some employees pursue claims with the EEOC, while others file directly under New York State or New York City law. Deciding which path to take is a strategic choice, and employees benefit from having guidance tailored to their circumstances.
Why These Protections Matter
At its core, age and disability discrimination undermines the principle that workplaces should value performance and potential, not stereotypes. New York has taken deliberate steps to strengthen protections because too many employees were being pushed out of the workforce prematurely or penalized for health conditions.
For older employees, the stakes are particularly high. Losing a job late in a career can mean difficulty finding comparable work, loss of retirement contributions, and diminished long-term security. For employees with disabilities, discrimination often forces unnecessary career changes or long periods without income, even when they are capable of working with minor adjustments.
These are not small harms. They can derail financial stability, personal confidence, and professional growth. That is why the law provides multiple avenues for recourse and why legal guidance matters when deciding how to proceed.
How Brown Kwon & Lam Can Support You
Taking on an employer can feel overwhelming. At Brown Kwon & Lam, we provide clear guidance and strong advocacy for employees who are facing discrimination. Our firm serves workers throughout New York City, Long Island, Westchester, and beyond, and we are committed to ensuring that every client understands their rights and options.
When you retain us, you can expect:
- Comprehensive representation across discrimination, harassment, wrongful termination, wage and hour disputes, and employment contract matters.
- Strategic guidance on whether to pursue your claim through the EEOC, New York State Division of Human Rights, the NYC Commission on Human Rights, or in court.
- Personalized attention with accessible counsel, clear communication, and support tailored to your circumstances.
- Up-to-date knowledge of New York State and City Human Rights Laws, ensuring you benefit from the strongest protections available.
- Broad industry experience across finance, retail, healthcare, hospitality, and other sectors common in the New York metro area.
- Accessible service through in-person consultations at our Manhattan office or virtual meetings for clients throughout New York and New Jersey.