Age Discrimination In Firing

Age Discrimination In Firing

Despite being prohibited under both federal and state law, age discrimination continues to be a problem in workplaces in New Jersey and Pennsylvania. If you believe that you have been unfairly targeted by your employer because of your age, you may be able to recover damages through an age discrimination claims. The experienced age discrimination lawyers at Swartz Swidler may advise you about your recovery rights and help you with the claims process.

How is an employee protected against age discrimination?

The federal Age Discrimination in Employment Act protects both applicants and employees who are 40 years old or older from discrimination based on ageism in the workplace. Employers are forbidden from using age as a part of their hiring or firing decisions as well as for other work-related actions. All employers that have at least 20 employees or labor organizations that have at least 25 members are covered.

The state laws of both New Jersey and Pennsylvania also protect employees from age discrimination. In New Jersey, there is no age threshold for age discrimination claims, and employees may be able to recover punitive damages, which are not allowed under federal law or in Pennsylvania.

Workers who may be terminated have stronger protections against age discrimination than do older applicants. When workers are terminated, they may ask for specific reasons for their terminations and challenge the reasons that they are given. Employers may not give reasons for their hiring decisions, making the protections a bit more difficult to access for applicants.

What constitutes age discrimination when people are fired?

There are multiple signs of age discrimination in the workplace. Age may not be referenced as the reason for terminating a worker. Employers are also prohibited from discriminating against workers based on their age when assigning jobs, giving promotions, conducting layoffs, offering training or awarding fringe benefits. People may not be harassed by their supervisors, customers or coworkers based on their age. Harassment is prohibited when it is so pervasive that a hostile work environment results.

What is wrongful termination due to age?

People who are fired because their employers thought that they were too old for their positions have legal grounds to file age discrimination wrongful termination claims. Those who are older should not be fired or reprimanded for any reasons that are age-related. Workplace policies and procedures may also not have a disparate impact on workers who are older, and older professionals cannot be passed over for promotions simply because their employers believe that they might retire soon.

How are employees discriminated against based on age?

Procedures and policies that have a negative impact on older workers versus those who are younger are considered to disparately impact older workers, and these types of policies and procedures are prohibited. Older workers also should be able to participate in professional development and to be promoted. It is illegal for employers to fire workers simply because they are considered to be too old.

If you think that have been discriminated against because of your age, it is important for you to talk to an experienced lawyer about your rights. The age discrimination lawyers at Swartz Swidler may work to help you to recover damages to compensate you for your losses.