Age Discrimination in the Hiring Process

You're qualified, experienced, and ready to contribute—yet the job offers never come. If you're over 40 and feeling shut out of the hiring process, you may not be imagining it. Age discrimination against job applicants is illegal, but it's also alarmingly common. At Leeds Brown Law, we help older job seekers recognize when their rights have been violated and take legal action against biased hiring practices.

What Is Age Discrimination in Hiring?

Age discrimination in hiring occurs when an employer makes decisions about who to interview or hire based on a candidate’s age. Often, this bias is hidden under vague terms like “culture fit,” “energy,” or “tech-savviness.” It can prevent highly capable professionals from getting a fair chance—even if they’re the best person for the job.

Red Flags to Watch For

Employers rarely admit to age bias, but these signs suggest it could be happening:

• Job descriptions that mention "digital native," "recent college grad," or "high energy team"
• Questions during interviews about your retirement plans or ability to keep up with younger coworkers
• Application platforms that require you to enter graduation years with no option to skip
• Sudden silence after a phone interview or application submission
• You're told you’re “overqualified” despite being a perfect match

Why Employers Discriminate Against Older Applicants

Some hiring managers assume older workers are more expensive, resistant to change, or won’t fit in with a younger team. Others fear that older candidates will retire soon or won’t adapt quickly. These assumptions are rooted in stereotypes—not facts—and they’re illegal when they influence hiring decisions.

Your Legal Protections

• Age Discrimination in Employment Act (ADEA): Federal law that prohibits discrimination against applicants 40 and older at companies with 20+ employees.
• New York State Human Rights Law: Extends protections to smaller employers and allows applicants to file complaints without going through federal channels first.
• New York City Human Rights Law: Provides strong protections and swift local enforcement for age discrimination, including during hiring.

How Age Discrimination Hurts Your Career

Being repeatedly rejected due to your age doesn't just limit your job prospects—it damages your self-esteem, finances, and long-term retirement goals. The longer you're out of work, the harder it is to re-enter the job market, creating a compounding effect that can harm your entire career trajectory. In many cases, job seekers internalize this treatment, assuming they must be doing something wrong when the reality is they are being unfairly screened out based on age.

How to Build a Case

If you suspect you were rejected because of your age, start gathering information:

1. Take screenshots of job postings that include age-biased language
2. Record the names of interviewers and questions they asked
3. Compare the job requirements to your qualifications
4. Keep a list of similarly qualified applicants who were hired
5. Save rejection emails or messages for your records

You may also request internal hiring statistics from the employer or agency during litigation, which can help identify patterns of bias in their hiring practices.

Examples of Discriminatory Hiring Practices

• A 50-year-old applicant is told the team is “looking for someone with more social media fluency.”
• A recruiter insists that the salary “won’t meet your expectations” without even discussing it.
• Older applicants are asked to complete additional assessments not required of younger candidates.
• Interviewers suggest that an older candidate may struggle to keep up in a "fast-paced environment."
• After a disclosure of age or years of experience, communication from the employer abruptly stops.

Filing a Complaint

If you’ve been denied a job based on your age, you may be eligible to file a complaint with:

• The Equal Employment Opportunity Commission (EEOC)
• The New York State Division of Human Rights
• The New York City Commission on Human Rights

You can also pursue a private legal claim through a law firm like Leeds Brown Law to seek compensation and push for accountability. Our attorneys understand the complexities of hiring discrimination claims and can guide you through both administrative and legal processes.

What You May Be Entitled To

• Compensation for lost wages and benefits
• Damages for emotional distress
• Attorney’s fees and legal costs
• Possible injunctive relief requiring the company to change its hiring practices
• Public accountability for companies with patterns of age-biased hiring

How Leeds Brown Law Can Help

We represent job applicants who have been unfairly rejected, ghosted, or steered away from opportunities due to their age. We gather the evidence, assess the law, and help you take legal action. Whether you’re filing a formal complaint or pursuing a lawsuit, we’ll stand with you every step of the way. Our team has handled age discrimination cases across multiple industries, from tech to finance to education, and we bring deep experience to every claim.