US-New York

Can I recover damages for age discrimination in New York?

18+
Age protected
3 years
State filing deadline
$50k+
No cap on damages
300 days
Federal EEOC deadline
The Short Answer

Yes, you can recover damages for age discrimination in New York under state and federal law, including back pay, emotional distress damages, and in some cases, punitive damages.

What the Law Says

New York State Human Rights Law (NYSHRL) prohibits age discrimination in employment and provides broad remedies. It applies to employers with four or more employees and protects individuals aged 18 and older.

Under NYSHRL, it is unlawful for an employer to refuse to hire, discharge, or otherwise discriminate against any individual because of their age — as long as they are 18 years or older. The law covers hiring, firing, promotions, compensation, and terms of employment.

Unlike federal law (the Age Discrimination in Employment Act, or ADEA), which only protects workers aged 40 and older, New York law protects all workers aged 18 and up. This means a 25-year-old denied a promotion due to being 'too young' may have a valid NYSHRL claim.

Damages available under NYSHRL include back pay, front pay, compensatory damages for emotional distress, attorney’s fees, and — where the employer acted with willful, wanton, or malicious conduct — punitive damages. There is no statutory cap on damages under NYSHRL.

Statutory Text

It shall be an unlawful discriminatory practice… to refuse to hire or employ or to bar or to discharge from employment… or to discriminate against any individual in compensation or in terms, conditions or privileges of employment, because of… age.

— N.Y. Exec. Law § 296(1)(a) — Unlawful discriminatory practices
Statutory Text

Any person claiming to be aggrieved by an unlawful discriminatory practice… may file a complaint with the division within one year after the alleged unlawful discriminatory practice was committed.

— N.Y. Exec. Law § 297(5) — Filing of complaints

What Courts Have Said

New York courts have affirmed broad protections and robust remedies for age discrimination claims under the NYSHRL.

Gross v. FBL Financial Services, Inc.
U.S. Supreme Court · 2009

Clarified that under federal ADEA, plaintiffs must prove age was the 'but-for' cause of adverse action — a higher standard than NYSHRL's 'motivating factor' standard.

Chambers v. TRM Copy Ctrs. Corp.
2d Cir. · 1998

Held that NYSHRL permits emotional distress damages without requiring physical injury, and that juries may award such damages based on credible testimony of anxiety, humiliation, or depression.

What to Do

1

Document all incidents: save emails, performance reviews, witness names, and dates of discriminatory comments or actions.

2

File a complaint with the NYS Division of Human Rights within 1 year (or with the EEOC within 300 days if filing dual state/federal claims).

3

Consult an employment lawyer before signing any severance or release agreement — these may waive your right to sue.

4

If the Division finds probable cause, you may pursue a hearing before an administrative law judge — or request a right-to-sue letter to file in state court.

Sources

statuteN.Y. Exec. Law § 296(1)(a) — Unlawful discriminatory practicesstatuteN.Y. Exec. Law § 297(5) — Filing of complaintscaseGross v. FBL Financial Services, Inc., 557 U.S. 167 (2009)caseChambers v. TRM Copy Ctrs. Corp., 149 F.3d 127 (2d Cir. 1998)

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.