Age Discrimination In Pay Or Compensation

Age Discrimination In Pay Or Compensation

Workers who are 40 or older are protected against pay discrimination under the federal Age Discrimination in Employment Act. Workers in New Jersey are protected under the New Jersey Law Against Discrimination against discrimination based on their age regardless of how old that they are. Pennsylvania’s Human Relations Act tracks the federal statute closely and protects workers who are 40 or older. If you learn that you have suffered from pay discrimination because of your age, you may have the grounds to file a claim against your employer. The attorneys at Swartz Swidler may advise you about your potential rights.

What is age discrimination in pay?

The ADEA covers employers who have at least 20 workers. Under the act, employers may not discriminate against older workers in their pay. All types of pay are covered under the law, including the salary, bonuses, overtime pay, profit sharing, vacation and holiday pay, gasoline allowances, travel reimbursements and benefits. Older workers may not be paid less than younger workers whose jobs involve substantially similar duties. When pay discrimination based on age is suspected, it is important that people understand it is what their jobs require rather than their job titles in determining whether or not they are being paid less than younger workers.

Factors that are used to determine whether or not age discrimination in pay has occurred

There are a number of factors that courts consider when determining whether unlawful pay discrimination has occurred. These include the following:

  • Skill required for the position
  • Physical and mental effort required for the job
  • Responsibility required by the job
  • Working conditions
  • Establishment

The skill that is required involves looking at the training and education that are required for the position. The establishment of the job means that only other jobs that are similar in the same establishment will be considered, which may mean within a specific department within the business rather than within the entire facility.

Age discrimination in pay involving benefits

One area in which pay discrimination based on age involves the workers’ benefits. Generally, employers may not discriminate based on age with the benefits that are offered to their workers. They are allowed, however, to provide reduced benefits to older workers if the cost for providing reduced benefits is equal to the cost of providing more benefits to younger workers.

If you believe that your employer has discriminated against you based on your age in your pay, you may need legal help to file a claim. Contact the experienced employment lawyers at Swartz Swidler to schedule your consultation.