New Jersey Age Discrimination
Your age should not be a factor in whether you get, or keep, a job. Unfortunately, many employers do have bias towards age. Many businesses do not show the loyalty to their older workers, that those workers have shown to the company. Age discrimination is unlawful under federal and New Jersey law. If you feel you have been subjected to age discrimination on the job, the employment discrimination attorneys of Phillips & Associates may be able to represent you against your employer.Age Discrimination in Employment
Age discrimination in the workplace involves treating a job applicant or employee differently due to his or her age. Under the federal Age Discrimination in Employment Act (ADEA), age discrimination is only prohibited if the victim is age 40 or older, although discrimination can occur even if both perpetrator and victim are over 40-years-old. Younger workers are not protected against age discrimination under this law.Harassment on the Basis of Age
Harassment based on Age or older is also an unlawful form of discrimination. An isolated incident is rarely considered age harassment, but when age harassment is so extreme or so frequent it creates a hostile work environment it is illegal. A harasser could be a supervisor, coworker, or employer's customer.
While harassment can take many forms, generally with respect to Age, it shows up as repeated jokes and comments about age such as:
- “Grandpa” “Gramps” “Old man” or “Old lady” “Old Bat”
- “When are you going to retire?”
- “Aren’t you getting to old for this job, don’t you want to just relax?”
- “This is a young man’s job”
- “We need some new blood in the company” or “we need fresh blood in here”
The New Jersey Law Against Discrimination (NJLAD) provides a broader scope of protection, prohibiting age discrimination against individuals who are at least age 18 and applying to even smaller New Jersey employers. Employers can refuse to hire or promote minors or those over age 70. However, if the ADEA applies to your employer, the employer must follow the ADEA prohibition against age discrimination against anyone that is 40 or older, even if they are over age 70. Under the New Jersey law, an employer may not take an adverse employment action like demotions, discipline, terminations, layoffs, or failure to hire based on age.Retaliation Against Employees Complain about Age Discrimination
Both federal and New Jersey law prohibit retaliation against employees who file complaints or charges of Age discrimination or Age harassment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC), so if you are thinking of pursuing a remedy under this law, you will need to file a charge with the EEOC first. This is not necessary if you are pursuing a New Jersey state law claim, and in most cases, there are more comprehensive remedies and damages under New Jersey law.
If you are replaced with a worker who is significantly younger as you approach retirement age, or your employer made ageist remarks for some time before terminating you, you should consider the possibility that you were subject to age discrimination.Consult Experienced New Jersey Age Discrimination Attorneys
Although every case is different, many of the most successful age discrimination lawsuits involve plaintiffs that have worked an employer for decades and have a solid performance history including positive performance reviews. Employers often try to claim that a firing was based on neutral reasons, making it crucial to consult an experienced attorney about your case. The New Jersey age discrimination lawyers of Phillips & Associates may be able to help you recover damages. Call us at (609) 436-9087 or use our online form to set up an appointment with an employment lawyer. We help people in Passaic, Bergen, Morris, Essex, Union, Hudson, Somerset, Middlesex, Monmouth, Mercer, Burlington, and Camden Counties. as well as other areas.
PHILLIPS & ASSOCIATES
100 Overlook Center, 2nd Floor
Princeton, NJ 08540