Age Discrimination In Promotions

Age Discrimination In Promotions

If you are an older worker, you are protected against age discrimination in all aspects of your employment, including job promotions. The federal and state laws of New Jersey and Pennsylvania forbid job promotion discrimination. Under federal law, employers who have at least 20 workers are prohibited from discriminating against workers who are age 40 and older. In New Jersey, state law prohibits job promotion discrimination on the basis of age for all workers regardless of their ages. In practice, however, most claims of age discrimination involve workers who are 50 or older. The experienced employment law attorneys help older workers who have experienced age discrimination.

Laws that prohibit job promotion discrination

Under federal law, workers are protected against job promotion discrimination based on their age under the Age Discrimination in Employment Act and Title VII of the Civil Rights Act of 1964. New Jersey workers are protected under the state’s Law Against Discrimination, and Pennsylvanians are protected under the Pennsylvania Human Relations Act. The protections under state law may be more comprehensive, and workers might want to discuss whether to file their claims in state or federal court with their employment law attorneys at Swartz Swidler.

How are workers protected from job promotion discrimination based on age?

Under federal law, workers are protected from age-related promotions discrimination in the following areas:

All applicants must be presented with the same job requirements by their employers. These must be related to their positions and may not be used to exclude members of a certain age in order to pass muster. Older workers also may not be excluded from being considered by their employers for particular jobs or assignments because of their age. Employers are forbidden from basing their promotions decisions on the age of the workers, and they may not rely on stereotypes about older workers in reaching their decisions. Finally, how seniority is counted as accruing must be the same for all workers regardless of how old they might be.

Filing promotion discrimination charges

If you believe that your employer engaged in prohibited job promotion discrimination on the basis of your age, you may file a charge under state or federal law. If you file your charge under federal law, the appropriate agency with which you must file is the Equal Employment Opportunity Commission. If you are filing your charge under state law, your employment law attorney may help you to determine the corresponding state agencies in New Jersey or Pennsylvania. Contact the experienced attorneys at Swartz Swidler to learn more about your rights.