Gary Phelan Featured in Katie Couric Media Article on Age-Related Comments at Work
10/21/2026Hurwitz Sagarin & Slossberg partner Gary Phelan is featured in a recent Katie Couric Media article, “Is That Comment About Your Age Actually Illegal?”, written by Janine Vanderburg, CEO of Encore Roadmap and an expert in age-inclusive workplaces.
Vanderburg invited Gary, an employment attorney with nearly four decades of experience and an adjunct law professor at Quinnipiac University, to answer questions about ageist remarks at work during a virtual coffee chat for her community. The article draws on that conversation.
Gary’s answer starts with context. Whether an age-related comment raises legal issues depends on who is making it. A question about retirement from a coworker of ten years, in a friendly conversation, is different from the same question coming from a manager who has no such relationship with you.
Repetition matters as well. Gary explains that concerns grow when someone is asked about retirement again and again after saying they have no plans, especially when the comments come up at critical moments like an annual performance review, and when they are paired with action. The examples he describes include a leadership role going to a younger employee, a prized client assignment being handed to someone who reports to the employee, and no longer being invited to meetings others attend.
The article also offers practical guidance for employees who hear these comments. Gary’s advice is to pick your battles: “You have to pick and choose your battles.” If a coworker’s remark bothers you, he suggests speaking with that person privately rather than in front of others. He also recommends keeping a written record, since a comment that has no impact today may matter down the road.
About Gary Phelan
Gary Phelan is a partner at Hurwitz Sagarin & Slossberg with more than 35 years of experience in employment law. He represents individuals and businesses in workplace matters including age and disability discrimination, harassment, and wrongful termination. Gary co-authored Disability Discrimination in the Workplace and Family Responsibilities Discrimination, and he is an adjunct professor at Quinnipiac University School of Law.