Hostile Work Environment and Forced Resignation Due to Age

Sometimes, age discrimination isn’t just about being fired—it’s about being pushed out. When an employer makes your work environment so toxic that you feel you have no choice but to resign, it may qualify as constructive discharge. At Leeds Brown Law, we help employees over 40 recognize when they’re being forced out due to age—and what legal steps they can take in response.

What Is a Hostile Work Environment Based on Age?

A hostile work environment is created when an employee is subjected to ongoing discriminatory behavior, harassment, or exclusion because of their age. Examples include:

• Frequent jokes or comments about your age or "retirement plans"
• Isolation from team meetings, emails, or assignments
• Being reassigned to undesirable roles or tasks
• Unfair discipline or scrutiny not applied to younger employees

When Hostility Becomes Constructive Discharge

Constructive discharge happens when the workplace becomes so unbearable that a reasonable person would feel forced to quit. If that hostility is tied to age bias, the resignation may still be treated as an illegal termination.

What the Law Protects

• Age Discrimination in Employment Act (ADEA): Prohibits age-based harassment and constructive discharge.
• New York State and City Human Rights Laws: Offer enhanced protections and broader coverage for age-based workplace abuse.

What to Do If You’re Being Pushed Out

1. Document every incident—comments, emails, job changes, reviews
2. Save any performance reviews, demotion letters, or write-ups
3. Consider filing an internal complaint before resigning
4. Consult with an attorney before you quit

Why Legal Advice Matters Before You Resign

Resigning may feel like your only option—but if your resignation was coerced, you may be entitled to compensation. Our attorneys at Leeds Brown Law can evaluate your situation and determine if your exit qualifies as constructive discharge.

If your employer has made your job unbearable due to your age, don’t walk away without a fight. Contact Leeds Brown Law for a free consultation.