Moorestown Age Discrimination Lawyers
According to federal and state law, employers may not refuse to hire, fire,
or discriminate in any way due to an employee’s age. Despite this,
age-based discrimination is common in today’s workforce. Although
it is illegal for employers to discriminate against job applicants and
employees based on age, those over the age of 40 frequently receive fewer
benefits and opportunities than their younger counterparts.
In June 2018, the EEOC commemorated the 50th anniversary of the federal
Age Discrimination in Employment Act (ADEA). They
issued a report on the persistence of age bias in the workplace. Although the ADEA’s
mission was to expand employment and career opportunities to workers over
the age of 40, the EEOC’s report showed a marked increase in age
discrimination claims across many demographics.
As Moorestown age discrimination attorneys, we often encounter clients
that are unsure if they experienced age discrimination. Attorneys
Richard Schall and
Patricia Barasch have seen about every tactic employers use to disguise their illegal discriminatory
practices and can help you determine if your rights were violated. Whereas
the ADEA protects employees aged 40 and older, the New Jersey Law Against
Discrimination (LAD) prohibits age discrimination against anyone age 18 or older.
What Is Age Discrimination?
The federal Age Discrimination in Employment Act prohibits employers of
companies with 20 or more employees from discriminating against employees
who are 40 years of age or older. By contrast, the New Jersey Law Against
Discrimination applies to all employers, regardless of the number of employees.
A covered employer may not discriminate against an older worker in:
- Hiring
- Firing
- Lay-offs
- Promotions
- Pay
- Disciplinary action
- Training
- Work assignments
- Benefits
- Other terms and conditions of employment
What Are Examples of Age Discrimination?
Age discrimination is rarely obvious to those facing it. Employers often
demonstrate a surprising amount of skill in hiding their discriminatory
practices.
The following examples demonstrate potential cases of age discrimination:
- An employer makes demeaning age-related remarks about an employee or applicant.
- An employer grants higher salaries to younger employees with less skill
and experience than older employees with more experience.
- A supervisor gives an older employee an unwarranted poor performance review.
- Mass layoffs were announced at a company and most of the people laid off
were older. Younger workers with less experience and seniority preserved
their positions.
- A company undergoing difficult financial times fires or lays off older
employees first because they earn the highest salaries.
- An employer refuses to let an older employee take a training course they
might otherwise permit a younger employee to take.
- A supervisor assigns undesirable or demeaning tasks only to older employees
to encourage them to quit.
- A company refuses to hire applicants who appear to look older than a certain
age to maintain a youthful company image.
- An employer forces an employee to take an early retirement.
New Jersey’s Law Against Discrimination differs from the federal
ADEA in several significant ways:
- Whereas the ADEA only protects those 40 years of age or older, the New
Jersey LAD protects all employees over the age of 18.
- The New Jersey Law Against Discrimination allows workers who win their
age discrimination cases to recover compensatory and punitive damages,
without any “cap” limiting the possible recovery. The damages
available under the ADEA are much more limited.
For detailed information on how we can help with your case call
(856) 242-8491 today!
