NJ Age Discrimination Lawyer

Representing New Jersey Employees

As people get older, they may be subject to inappropriate jokes or adverse comments about their age while they go about their daily lives. Such comments are not only hurtful and frustrating, but they may also be actionable. In fact, when a person is treated adversely at work because of his or her age, the person may be able to pursue an age discrimination lawsuit against his or her employer. If you believe your employer discriminated against you due to your age, you may have a viable claim for damages.

Laws Prohibiting Age Discrimination

New Jersey employees are protected from age discrimination by both federal and state laws. Specifically, the federal ADEA (Age Discrimination in Employment Act of 1967) prohibits discrimination in the workplace against people who are forty years old or older. For example, it is unlawful under the ADEA for an employer to terminate or refuse to hire a person because of the person’s age, or to discriminate against the person with regard to the terms of his or her employment, compensation, or privileges. It is also unlawful for an employer to classify or limit its employees in a manner that would deprive a person of employment opportunities or harm the person’s employment status due to the person’s age.

Similarly, the LAD (New Jersey Law Against Discrimination) (LAD) protects people from age-based discrimination in the workplace. Unlike the ADEA, in addition to protecting people from discrimination because they are older than others, the LAD protects people from being discriminated against because they are younger than other people as well. Employers are also prohibited from discriminating against employees with regard to hiring, firing, compensation, benefits, or job assignments because of their age. There are exceptions for people under eighteen and over seventy, however. An experienced age discrimination attorney in New Jersey can assess which legal protections may apply in your case.

Elements of a Claim for Age Discrimination

If you believe you were discriminated against due to your age, the claims you can pursue will depend upon which law was violated. Generally, however, a plaintiff alleging age discrimination must first establish that his or her age made him or her a member of a protected class and that he or she was performing at the level expected by his or her employer, but that he or she faced adverse employment actions regardless, solely due to his or her age. Adverse employment actions may include termination, demotion, or the refusal to promote the employee. A plaintiff must typically rely on circumstantial evidence, such as comments or questions regarding his or her age, or the promotion of a less qualified younger employee, to establish his or her case.

If the employer is able to establish a legitimate reason for the adverse action, however, the employer will prevail unless the plaintiff and their New Jersey age discrimination attorney can show that the employer’s reason is a mere pretext. Again, in most instances, there is no direct evidence of age-based discrimination. In cases in which the plaintiff successfully proves age discrimination, he or she may be owed back wages and interest and his or her job and any employee benefits may be reinstated. Additionally, the employee may be able to recover damages for pain and suffering. In cases in which the employer’s behavior was egregious, punitive damages may also be awarded.