Work is something that people must do to survive and make ends meet. If you have reached an age where you are nearing retirement or want to get a part-time job after having retired, you may run into something known as age discrimination. Being denied work or even specific roles due to your age is a form of discrimination that you are protected from by certain laws and regulations. Let’s take a look at those legal protections against age discrimination so you can protect yourself in such situations.
Key Takeaways
- Age discrimination is unfair treatment based on age, affecting hiring, promotions, pay, and workplace conditions.
- The Age Discrimination in Employment Act (ADEA) protects individuals 40 and older, covering employers with 20+ employees, and prohibits discrimination in all employment aspects.
- New Jersey’s Law Against Discrimination (NJLAD) offers broader protections than the ADEA, covering all employers with one or more employees.
- The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws, investigates complaints, mediates disputes, and can file lawsuits on behalf of employees.
- Claims must be filed with the EEOC within 180 days of discrimination; remedies include reinstatement, back pay, front pay, compensatory damages, punitive damages, and legal fees.
What is Age Breakdown?
Age discrimination is when someone is treated unfairly or less favorably because of their age. This can happen in various ways, such as being passed over for a job, promotion, or training opportunity, being paid less, or being subjected to negative comments or harassment because of age. It’s essentially any situation where someone is disadvantaged in their employment simply because of how old they are.
What are the Legal Protections Against Age Discrimination?
Now that you know more about age discrimination, let’s discuss the laws and regulations in place to protect you from it, as well as one exception to such rules.
The Age Discrimination in Employment Act (ADEA)
The Age Discrimination in Employment Act (ADEA) is a federal law that protects individuals who are 40 years of age or older from employment discrimination. This law applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations.
The ADEA prohibits against discrimination in the various aspects of employment:
- Hiring and Firing: Employers cannot refuse to hire or terminate employees based on age.
- Compensation: Employers must provide equal pay regardless of age.
- Job Assignments: Employees cannot be assigned or denied job roles due to their age.
- Promotions: Promotion decisions cannot be influenced by an employee’s age.
- Layoffs: Age cannot be a factor in decisions about layoffs.
- Training: Equal access to training programs must be provided to all employees.
- Benefits: Age should not affect the benefits employees receive.
- Other Terms and Conditions: Any other employment terms must be free from age bias.
There is an exception to the ADEA, however, known as the Bona Fide Occupational Qualification (BFOQ). This means that age can be a legitimate requirement for a job if it is reasonably necessary to the operation of the business.
New Jersey Law Against Discrimination (NJLAD)
In New Jersey, the NJLAD provides broader protections than the ADEA. It covers all employers with one or more employees and prohibits discrimination based on age in any employment practice. This includes not just hiring and firing but also wages, job assignments, promotions, and other employment conditions.
Equal Employment Opportunity Commission (EEOC)
For those who have experienced any form of employment discrimination, a government agency exists to help you. The Equal Employment Opportunity Commission (EEOC) is the federal agency tasked with enforcing laws against employment discrimination, including the Age Discrimination in Employment Act (ADEA). The EEOC plays a crucial role in investigating complaints, mediating disputes, and, when necessary, filing lawsuits on behalf of employees who have experienced discrimination. This ensures that individuals are protected from unfair treatment based on their age and have a pathway to seek justice.
Filing an Age Discrimination Claim
If you believe that you have been discriminated against due to your age, you must contact an employment lawyer such as those at Swartz Swidler, LLC and file a charge with the EEOC before pursuing any recompense. Do keep in mind that you must file with the EEOC within 180 days from the date of the alleged discrimination. Here is a breakdown of the steps involved:
1. Filing with the EEOC or State Agency
To initiate the process, you must file a charge of discrimination with the EEOC or your state’s fair employment practices agency. In New Jersey, this would be the Division on Civil Rights (DCR).
2. Investigation
Once a charge is filed, the EEOC will investigate the claim to determine its validity. This investigation involves gathering evidence, interviewing witnesses, and reviewing relevant documents.
3. Mediation and Resolution
The EEOC may offer mediation as a means to resolve the dispute between the employee and the employer. Mediation is a voluntary process where both parties attempt to reach a settlement with the help of a neutral mediator. You can also initiate this with a lawyer as part of negotiations and settlement.
4. Legal Action
If the EEOC finds merit in the complaint and mediation does not result in a resolution, the agency may decide to file a lawsuit on behalf of the employee. Alternatively, they will issue a “Right to Sue” letter, allowing the employee to pursue legal action independently.
Legal Remedies for Age Discrimination
If an age discrimination claim is successful, several remedies are available to address the harm caused:
- Reinstatement: If an employee was wrongfully terminated, they might be reinstated to their former position.
- Back Pay: Employees can receive compensation for lost wages and benefits due to the discriminatory action.
- Front Pay: If reinstatement is not feasible, employees may be awarded future lost wages and benefits.
- Compensatory Damages: Compensation for emotional distress and other non-economic harms resulting from the discrimination.
- Punitive Damages: These damages aim to punish the employer for particularly egregious conduct and deter future violations.
- Legal Fees: Reimbursement for attorney’s fees and court costs incurred by the employee.
Contact a Discrimination Lawyer Today to Learn More
There are protections and processes are designed to ensure individuals are treated fairly in the workplace regardless of their age. These legal protections provide mechanisms for recourse and compensation if discrimination occurs, thereby upholding the principles of equity and justice in employment practices. If you or someone you know has experienced age discrimination, it is important to secure a legal representative for your case as soon as you can. The legal team at Swartz Swidler, LLC can help you get the justice you deserve, as well as compensation for the discrimination you have faced. Give us a call today at 856-685-7420 to schedule your free consultation.
