Age Discrimination In New York

Attorneys in New York and New Jersey Fighting Against Unfair Workplace Treatment

After years of faithful service, did your company give you the pink slip because “they are going in a new direction”? Did your supervisor tell you the company needed a “more youthful look” or that you “were slowing down”? Age discrimination in New Jersey workplaces is a serious problem. Employers are prohibited from making employment decisions – or harassing you – because you are “too old” or even “too young.” That doesn’t stop an increasingly competitive workforce from firing, refusing to hire, demoting, and harassing qualified individuals simply on the basis of their birth date.

The Arcé Law Group is a full-service employment law firm fighting for mistreated workers across New York, New Jersey, and Pennsylvania. Age discrimination can be hard to prove. You need the sound advice and diligent investigation skills of an experienced lawyer to ensure maximum recovery. The Arcé Law Group offers free initial consultations for clients in and around Newark, Jersey City, Princeton, New York City, across Pennsylvania, and across New Jersey. Call today at (866) 426-7182.

The Basics of Federal and NJ State age Discrimination Laws

Federal and state laws offer broad protections for employees who suspect ageism at work. However, state and national laws vary greatly – your NJ lawyer may decide to file in state or federal court depending on which law your case falls under.

Age Discrimination in Employment Act

The Age Discrimination in Employment Act (ADEA) covers employees 40 years old and over. It does not protect workers under the age of 40 and only applies to companies who employ 20 or more workers. The ADEA applies to all work situations, including hiring, firing, pay decisions, and promotions as well as harassment.

New Jersey Law Against Discrimination

If your case falls outside the parameters of the ADEA, the NJ Law Against Discrimination (LAD) may cover you. The LAD protects employees ages 18 to 70, meaning an employer cannot discriminate against if you are too young or too old, unless you are a minor or you are over the age of 70.

Age Discrimination in the NJ Application and Interview Process

Jobs should be open to all qualified applicants, regardless of age. Employers are supposed to take into account work history, job skills, and education, instead of superficial qualities. Age is not supposed to prevent you from getting a job, apprenticeship, or traineeship.

Job advertisements cannot specifically exclude a certain age group when employers are looking for applicants. However, if age is a “bona fide occupational qualification,” then it may be permissible. For example, if an acting company looks for a specific role in a play.

The LAD does not prohibit refusing to hire individuals because they are a minor or over the age of 70. The ADEA, however, does protect applicants over 70 years old.

In fact, New York and New Jersey law prohibit “reverse” age discrimination if an employer discriminates against an employee because it perceives him or her to be too young.

Age Discrimination in New Jersey Workplaces

Making employment decisions based on a person’s age is illegal in New Jersey, New York, and Pennsylvania. Age cannot be a factor when it comes to:

Of course, there are certain exceptions. The ADEA only protects workers over 40 and the LAD exclusively offers protections for employees between the ages of 18 and 70. A NJ attorney can offer more detailed information.