Age Discrimination in Layoffs and Restructuring

When companies announce layoffs, it’s often under the guise of "restructuring" or "streamlining." But if those layoffs disproportionately affect older workers, it could be age discrimination. Workers over the age of 40 are protected by law—and if you’ve been targeted in a reduction in force due to your age, Leeds Brown Law can help you take action.

How Age Discrimination Hides Behind Layoffs

Discriminatory layoffs aren’t always obvious. Employers may claim they are making decisions based on performance, skill set, or business needs. But when older employees are consistently the ones being let go, red flags go up.

Examples include:

• Layoff lists dominated by workers over 40
• Performance reviews suddenly decline before layoffs begin
• Younger, less experienced employees retained while older staff are terminated
• Departments reorganized so that senior employees' roles are eliminated
• “Early retirement” packages pressured on select age groups

Legal Protections for Workers Over 40

• Age Discrimination in Employment Act (ADEA): Protects employees 40 and over from discrimination in layoffs and terminations. Applies to employers with 20 or more employees.
• New York State Human Rights Law: Covers more employers (four or more employees) and expands age discrimination protections statewide.
• New York City Human Rights Law: Provides strong anti-discrimination protections for NYC workers, including against layoffs based on age.

What Employers Must Disclose in Group Layoffs

In a layoff involving multiple employees over the age of 40, the employer must provide:

• A list of job titles and ages of employees selected and not selected for termination
• The criteria used for layoff decisions

This is especially important if you’re asked to sign a waiver giving up your right to sue.

Signs You May Have a Legal Case

Ask yourself these questions:

• Was I laid off while younger coworkers with less experience kept their jobs?
• Did my employer target my department because it had a higher average age?
• Was I given a negative performance review shortly before the layoff?
• Did the company pressure me into taking early retirement?

If you answered “yes” to any of these, you may be the victim of age discrimination.

Steps to Take if You’ve Been Laid Off

1. Request the layoff documentation if you're over 40
2. Save copies of performance reviews, job descriptions, and internal emails
3. Note who else was laid off and their age and job role
4. Do not sign a severance agreement without legal review
5. Contact an employment attorney as soon as possible

What You Could Recover

If age discrimination is found, you may be entitled to:

• Back pay (lost wages and benefits)
• Front pay if reinstatement isn't possible
• Compensation for emotional distress
• Attorneys’ fees and court costs
• Potential punitive damages for willful violations

Why Leeds Brown Law?

Our firm has decades of experience holding employers accountable for discriminatory layoffs. We’ve represented clients across all industries—from finance and healthcare to tech and education—and we fight to ensure that layoffs are based on fairness, not age bias.

Don’t assume your layoff was just “business as usual.” If you believe your age played a role, contact Leeds Brown Law today for a free, confidential consultation.