Phillips & Associates

New Jersey Age Discrimination

New Jersey Employment Lawyers Helping Age Discrimination Victims

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”
New Jersey Law Against Discrimination

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
Tel: 609-436-9087

Managing Partner in New Jersey - Bryan Arce

Client Reviews
★★★★★
I called at Phillips & Associates seeking for a consultation and I was very pleased with the conversation I had with Eugenio Benvenuto. He was able to answer my questions thoroughly and gave me reassurance. I highly recommend their practice. Giulia
★★★★★
Hands down the best law firm for labor disputes in NYC. Being in the restaurant industry for more than 30 years I can say that this law firm is the number one choice for workers in the restaurant business that need to sue their company for wrongful termination. A special compliment to my lawyer Brittany Stevens. An amazing person and well prepared experienced lawyer. She was professional and empathetic to my case and worked in a time appropriate manner. She never miss a phone call at any hour of the day.The other associates that assisted Brittany were Yusha Hiraman, Eugenio Benvenuto and Katerina Housos. They were all professional and answered any questions or concerns that I had. Brittany and her team helped me with what I needed, when I needed it. I want to thank them all (especially Brittany), for a job well done. Massimo
★★★★★
Jesse Weinstein handled my discrimination case. He was extremely patient and understanding throughout the process and remained professional and consistent even when I could not. I really felt like he had my back and I didn't have to worry. His expertise, combined with the experience of the Firm, resulted in the best possible outcome of my case. Although I wouldn't wish what I went through on anyone, things do and always will happen and I would highly recommend Jesse and this Firm to anyone facing discrimination or other workplace issues. Karen
★★★★★
I highly recommend Parisis (Gerry) Fillippatos with Phillips & Associates to represent you for employment related matters. He and his team were professional, attentive to every detail and brilliant at identifying the legal grounds to win the case. Parisis's communication and delivery were highly articulate and precise. He is personable and makes you feel comfortable in the maze of legal jargon. Finally, his confidence, perseverance and masterful negotiation skills deliver the win. Anonymous
★★★★★
I had an excellent experience with this team! Thanks, Marjorie, Brittany, and Candy for your great support and prompt answers to all my questions. I highly recommend this firm. This team works very hard and I am extremely happy with the results. Ana