AGE
Discrimination
ONE FORDHAM PLAZA
BRONX, NEW YORK 10458
1-888-392-3644
TTY: 718-741-8300
WWW.DHR.NY.GOV
SOME EXAMPLES:
You are over sixty years old and have been in
your job for twenty years. You received a
number of raises and promotions over the
years. A promotion becomes available and
you apply for it. A few weeks later your boss
calls you in to tell you that he hired someone
else. You then find out that the new employee
is considerably younger and less qualified. Is
this unlawful?
If your age was a factor in the decision to hire
the younger, less experienced individual,
then it would be unlawful.
__________________________________
You find an apartment that you want to rent.
The landlord tells you that you look “young.”
She then asks your age. When you tell her you
are thirty years old, she responds that she
prefers a more “mature” tenant. You don’t get
the apartment. Is this unlawful?
Unless the apartment is in a properly
designated senior complex, it is unlawful to
refuse to rent an apartment based upon the
prospective tenant’s age.
__________________________________
Your employer lays o 100 employees, the
majority of whom are older than the
employees retained. You are one of the older
employees and believe your age is the basis
for the decision. Is this unlawful?
If age played a role in the employer’s
decision about whom to lay o, the
termination of these employees may be
discriminatory.
FILING A COMPLAINT at the DIVISION
If you believe that you have been
discriminated against because of your age,
you can file a complaint with the New York
State Division of Human Rights.
For acts of discrimination occurring on or
before 2/14/2024, you must file a complaint
within one year of the most recent act. For
acts on or after 2/15/2024, you may file a
complaint within three years of the alleged
discrimination.
To file a complaint:
• Visit the Division’s website, at
DHR.NY.GOV, and file online or
download a complaint form.
Completed complaints must be signed
and returned to the Division (by mail,
email, in person, or fax).
• Stop by a Division oce in person.
• Contact one of the Division’s oces, by
telephone or by mail, to obtain a
complaint form and/or other assistance
in filing a complaint.
For more information or to find the regional
oce nearest to your home or place of
employment, visit our website at:
DHR.NY.GOV.
Discrimination Based Upon Age is
Unlawful.
This guide is designed to promote
awareness and explain the protections
provided under the New York State Human
Rights Law.
The New York State Human Rights Law
covers all employers. It protects persons 18
and over from age discrimination in
employment, apprentice and training
programs, promotions and termination.
It also prohibits age discrimination in credit,
housing, and in admission to non-sectarian,
tax-exempt educational institutions.
The New York State Human Rights Law
does not prohibit age discrimination in the
area of public accommodations.
In the area of employment, you may
request that a copy of your complaint be
sent for dual filing to the U.S. Equal
Employment Opportunity Commission,
which enforces the Federal Age
Discrimination in Employment Act of l967.
This Act covers employers of 20 or more
persons and protects individuals over the
age of 40.
Employment
An employer may not refuse to hire or
promote an employee, and may not
terminate an individual because of age,
and must provide the same terms and
conditions of employment irrespective of
age, including salary.
It is an unlawful discriminatory practice for an
employer or employment agency to make any
inquiry or use any application form which
expresses, directly or indirectly, any limitation
or discrimination as to age. The Division
recommends that employment inquiries
relative to age be limited to the question, “Are
you 18 years of age or older?”, unless there
are bona fide reasons, such as licensing, for a
specific inquiry.
An individual may not be denied entrance into
an apprentice program because of age.
An employer may not establish separate
seniority, layo or recall lists based on age.
Seniority must be based on length of
employment and age cannot be used to
determine an employee’s status with regard
to seniority or layo.
It is unlawful for any union or labor
organization to discriminate because of age.
Benefits, services, and membership must be
oered on the same basis as to other
employees, without regard to age.
Generally, mandatory retirement is unlawful
under the Human Rights Law. There are,
however, exceptions made for certain
executives and persons in high policy making
positions, as well as persons in certain
occupations.
Employment agencies may not discriminate
because of age. They must provide services
to individuals over 40 years old, such as job
referrals, on the same basis as they would to
clients of other age groups.
Housing
It is unlawful to refuse to sell, rent, or lease
any housing accommodations or to
discriminate in the terms, conditions, or
privileges because of age in either
publicly-assisted or private housing. An
owner-occupied two family building is
exempt from the law.
The Law protects families with children
under 18, as well as people who are
pregnant or adopting children, from
discrimination in the sale, rental or lease of
housing accommodations.
The Human Rights Law has certain age
exemptions with respect to senior housing.
Credit
It is unlawful to discriminate in the area of
credit because of age.
A bank or loan company may not charge a
higher rate of interest or shorten the time of
a loan because of age. The Law prohibits
discrimination as to age in the granting of
credit and the fixing of rates, and the terms
and conditions of credit. It is not unlawful to
consider age in determining credit
worthiness when age has a demonstrable
and statistically sound relationship to a
determination of credit worthiness.
Education
A non-sectarian, tax-exempt educational
institution may not deny admission or use
of facilities on the basis of age.
