You’ve built a career, earned respect, and gathered experience—yet now you’re being told you’re “too senior,” “not tech-savvy,” or “not quite the right fit anymore.” Whether it’s subtle exclusion or a blatant layoff, age discrimination in the workplace can be devastating. And it’s more common—and more illegal—than many realize.
If you’re 40 or older and suspect you’re being targeted because of your age, you need to understand your rights. The law is on your side—if you know how to use it.
Age Discrimination in the Workplace: Know Your Protections
What Does Age Discrimination Look Like?
It doesn’t always come with insults or obvious slurs. Often, it shows up in patterns—lost promotions, silence after job applications, or being left out of meetings you once led.
Signs of workplace age discrimination may include:
- Being passed over for training or advancement opportunities
- Pressure to retire or accept a severance package
- Sudden negative performance reviews despite a solid track record
- Job postings that target “young, energetic” candidates only
- Layoffs that disproportionately affect older employees
When these patterns align with your age—not your performance—it’s time to take a closer look. In these cases, you should consider speaking with a New Jersey age discrimination lawyer who can evaluate the facts and recommend your next step.
Your Legal Rights Under Federal and New Jersey Law
Both federal and state laws offer protections—but New Jersey goes even further than most states.
Under federal law:
- The Age Discrimination in Employment Act (ADEA) protects workers 40 and older from discrimination in hiring, firing, promotions, compensation, and more.
Under New Jersey law:
- The New Jersey Law Against Discrimination (NJLAD) also prohibits age-based discrimination—and applies to more employers and allows broader legal remedies, including emotional distress damages.
ADEA vs. NJLAD—coverage, remedies, timelines
Who Is Protected?
You’re legally protected if you are:
- 40 years old or older (under both ADEA and NJLAD)
- Working in a company with 1+ employees (NJLAD) or 20+ (ADEA)
- Facing discriminatory actions related to hiring, firing, pay, promotions, or work conditions
Even subtle forms of bias—like being left off high-visibility projects—can build a strong case, especially if they follow comments about age or retirement.
How to Prove Age Discrimination
You don’t need to have a recording or confession. What you need is evidence of patterns—and a legal advocate who knows how to put the puzzle together.
Build your case by:
- Documenting everything – emails, meeting notes, evaluations
- Noting age-related comments – especially if they come before a demotion or firing
- Tracking timelines – when did the treatment change, and what happened just before?
If your gut says something’s wrong, it’s worth getting a legal review. Book your consultation with a New Jersey employment discrimination attorney to get clarity on your case’s strength.
What to Do If You Suspect You’re Being Discriminated Against
Time matters. Both ADEA and NJLAD have strict filing deadlines, and the sooner you act, the stronger your case may be.
Steps to take now:
- Report the behavior internally to HR or management
- Keep all communications and reviews in a safe, personal file
- Speak to an attorney before signing anything, especially severance agreements
Swartz Swidler offers no-cost evaluations. If you’ve been mistreated, we’ll tell you—plainly—and help you understand the potential value of your claim.
Conclusion: Experience Should Be Respected, Not Punished
Your age is not a liability—it’s a strength. If you’re facing age discrimination in the workplace, you don’t have to stay silent or stuck. The law offers protections, and legal support can make all the difference.
