Age discrimination remains a significant barrier for older workers in New Jersey, affecting their financial stability, career prospects, and overall well-being. Whether it’s being passed over for a promotion, targeted for layoffs, or excluded from learning opportunities, age discrimination can have profound consequences.
The good news? Older workers are fighting back, using the protections offered under federal and state laws to demand fairness and accountability. If you’re experiencing age discrimination, Swartz Swidler is here to help you navigate your options and reclaim your career.
What Is Age Discrimination?
What Is Age Discrimination?
1. Legal Definition:
Age discrimination occurs when an employer treats an employee or job applicant less favorably because of their age. It is illegal under federal and state laws, particularly the Age Discrimination in Employment Act (ADEA) and the New Jersey Law Against Discrimination (NJLAD).
2. Protected Age Groups:
- ADEA: Protects workers aged 40 and older in workplaces with 20 or more employees.
- NJLAD: Covers all workers aged 18 and older and applies to employers of any size.
3. Examples of Age Discrimination:
- Declining to hire older candidates despite their qualifications.
- Failing to promote older employees while advancing younger colleagues.
- Comments about “retirement plans” or inability to adapt to new technology.
- Targeting older workers for layoffs or demotions.
How Age Discrimination Affects Older Workers
1. Financial Impact:
Being denied promotions or terminated due to age can result in:
- Loss of income and retirement savings.
- Limited opportunities for future employment, leading to long-term financial insecurity.
2. Emotional Toll:
Age discrimination often causes:
- Anxiety, depression, and diminished self-esteem.
- Feelings of isolation and frustration in the workplace.
3. Career Consequences:
Older workers may face:
- Stalled professional growth.
- Exclusion from training or skill-building opportunities that are crucial for advancement.
4. Broader Workplace Impact:
Discriminatory practices harm workplace culture, reducing overall morale and productivity.
Common Signs of Age Discrimination
Common Signs of Age Discrimination
- Biased Hiring Practices:
- Job ads targeting younger candidates with phrases like “recent graduate” or “energetic team player.”
- Age-Based Comments or Jokes:
- Remarks about being “overqualified” or assumptions about retirement plans.
- Unequal Opportunities:
- Being excluded from promotions, training, or leadership roles.
- Targeted Demotions or Terminations:
- Older workers are often the first to be laid off in cost-cutting measures.
- Preferential Treatment of Younger Employees:
- Younger workers receiving higher pay or better assignments for similar roles.
Legal Protections for Older Workers in New Jersey
1. Federal Protections (ADEA):
The ADEA prohibits discrimination against workers aged 40 and older. It applies to hiring, promotions, training, compensation, and termination decisions in workplaces with 20 or more employees.
2. NJLAD Protections:
NJLAD offers broader coverage than federal law, protecting workers of all ages and applying to all employers, regardless of size. It also prohibits age-based harassment and retaliation.
3. Filing Deadlines:
- EEOC (ADEA): File a complaint within 300 days of the discriminatory act.
- NJLAD: File a lawsuit within two years of the incident.
How Older Workers Are Fighting Back
1. Documenting Discrimination:
- Keep a record of discriminatory comments, actions, and decisions.
- Save emails, memos, or performance reviews that demonstrate bias.
2. Reporting Internally:
- File a formal complaint with your HR department or supervisor.
- Ensure your complaint is in writing to create a paper trail.
3. Seeking Legal Help:
- Consult with an employment attorney to understand your rights and explore your options.
4. Filing a Complaint:
- Submit a claim to the EEOC or the New Jersey Division on Civil Rights.
5. Advocating for Change:
- Join workplace initiatives promoting diversity and inclusion across all age groups.
Real-Life Examples: Success Stories of Older Workers
Case Study:
Margaret, a 52-year-old marketing professional in New Jersey, was passed over for a promotion in favor of a younger, less-experienced colleague. Her manager frequently joked about her “old-fashioned” work style, despite strong performance reviews.
After consulting Swartz Swidler, Margaret filed a claim under NJLAD. Our team negotiated a settlement that included:
- Compensation for lost wages and emotional distress.
- Mandatory anti-discrimination training for her employer.
Margaret’s case not only secured justice for herself but also led to policy changes in her workplace.
How Swartz Swidler Can Help
How Swartz Swidler Can Help
1. Free Consultations:
We provide a confidential evaluation of your situation to determine if you have a valid claim.
2. Proven Expertise:
Our attorneys have successfully represented numerous age discrimination cases, securing compensation and workplace reforms.
3. Comprehensive Support:
From gathering evidence to filing complaints and representing you in court, we’re here for you every step of the way.
Contact us today at (856) 685-7420 or visit swartz-legal.com.
Preventing Age Discrimination in the Workplace
For Employees:
- Understand your rights and address discrimination early.
- Advocate for yourself by documenting incidents and speaking up.
For Employers:
- Implement training programs to prevent bias and discrimination.
- Avoid using ageist language in job postings and internal communications.
- Foster a workplace culture that values diversity across all age groups.
Conclusion
Age discrimination can harm careers, financial stability, and well-being, but older workers in New Jersey are not without recourse. By understanding your rights and taking action, you can challenge ageist practices and create a more inclusive workplace for all.
If you’ve experienced age discrimination, Swartz Swidler is here to help. Contact us today at (856) 685-7420 or visit swartz-legal.com for a free consultation and take the first step toward justice.
