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Fired or Not Hired Due to Your Age?
Age discrimination continues to be a significant issue in New Jersey, with many individuals facing unfair treatment because of their age. If you’re experiencing age-related discrimination, NJ Employment Lawyers, LLC is here to help.
Our team of experienced employment law attorneys specializes in age discrimination cases, ensuring your right to work is upheld, regardless of your age. With in-depth knowledge of both state and federal laws that protect against age discrimination, we are committed to holding employers accountable for unlawful employment decisions based on age.
We take a straightforward, client-centered approach, focusing on achieving the best possible outcome for you. Whether through negotiation or litigation, we are dedicated to defending your rights and interests. Whether you’ve been wrongfully denied a job opportunity or terminated due to your age, our skilled legal team is here to advocate for you.
If you have been impacted by age discrimination in the workplace, contact our Roseland or Manhattan offices to schedule a consultation and explore your legal options.
Legal Framework Against Age Discrimination in New Jersey
In New Jersey, both federal and state laws provide strong protections against age discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) prohibits employers with 20 or more employees from discriminating against individuals aged 40 or older in all areas of employment, including hiring, firing, compensation, promotions, training, and layoffs. The Older Workers Benefits Protection Act, an amendment to the ADEA passed in 1990, further enhances protections, particularly around employment benefits for older workers.
At the state level, the New Jersey Law Against Discrimination (LAD) expands these protections to include all employers, regardless of size, and specifically covers workers aged 18 to 70. While the LAD allows employers to hire or refuse to hire individuals under 18 or over 70 based on age, employers must still comply with ADEA guidelines for all employees, ensuring that employment decisions are free from age-related bias.
The laws prohibit a variety of discriminatory actions, including:
- Refusing to hire or firing someone based on their age.
- Forcing an employee to retire.
- Denying promotions, training opportunities, or other advancements because of age.
- Providing less favorable treatment to older employees compared to their younger counterparts.
Furthermore, age-based harassment—such as making offensive remarks or engaging in behavior that creates a hostile work environment or leads to adverse employment decisions—is also prohibited. For harassment to be considered unlawful, it must be severe enough to impact the individual’s employment conditions.
Together, these laws create a foundation for a fair and equitable workplace, ensuring that employment decisions are not tainted by age bias and safeguarding the rights and dignity of older workers.
Recognizing Age Discrimination in New Jersey Workplaces
Age discrimination in New Jersey often impacts older employees and can take many forms, including:
- Preferentially hiring younger candidates over older ones.
- Implementing layoffs that disproportionately affect older workers.
- Withholding training, bonuses, or benefits from older employees.
- Isolating older workers from younger colleagues.
- Excluding older employees from meetings, company events, or important decisions.
- Pressuring older employees into retirement, except under specific legal conditions.
An employment practice becomes potentially unlawful if it negatively impacts individuals aged 40 or older and is not based on legitimate factors unrelated to age.
Proving age discrimination, however, can be challenging. Employers typically have significant discretion when making employment decisions and may attempt to conceal discriminatory motives. This complexity highlights the importance of seeking counsel from an experienced employment discrimination attorney to help navigate these issues.
Case Study of Age Discrimination
One prominent example of age discrimination involved Robert Braden, who was terminated under the guise of a “reduction in force” at his company. This term is frequently used to mask age discrimination, suggesting that the termination was due to position elimination rather than the employee’s age. In Braden’s case, although his employer cited a “lack of work” as the reason for his termination, Braden later discovered that his position was filled by a younger employee less than a year after his dismissal. This situation is not uncommon in cases of alleged age discrimination during workforce reductions, where older employees are replaced by younger counterparts under the pretense of company restructuring.
How NJ Employment Lawyers, LLC Offers Expertise in Age Discrimination Cases
At NJ Employment Lawyers, LLC, our approach starts with a comprehensive understanding of your situation to evaluate the strength of your age discrimination claim. We understand the concerns and challenges of pursuing a case against your employer and are committed to providing you with reliable legal guidance every step of the way.
While we aim to resolve age discrimination claims through effective negotiation, our experienced attorneys are fully prepared to represent clients in state court if necessary. We are dedicated to securing the best possible outcome for you, whether through settlement or litigation.
Our legal services also extend to businesses. We assist employers in defending against age discrimination claims and help create and implement anti-discrimination policies and practices. Our goal is to promote fair treatment for workers of all ages and support employers in maintaining a discrimination-free workplace.
Contact Our Skilled New Jersey Age Discrimination Lawyers
Despite efforts to create inclusive workplaces, age discrimination remains a persistent issue. NJ Employment Lawyers, LLC has a proven track record of effectively addressing age discrimination concerns, both through negotiation and in the courtroom. We always prioritize your best interests and ensure your rights are thoroughly protected. Contact us today to discuss your case and take the first step toward resolving your age discrimination concerns.
