Age discrimination in the workplace is a prevalent issue affecting many New Jersey employees. It occurs when an employer treats an employee or job applicant unfavorably because of their age, and federal and state laws prohibit it. Age discrimination can take many forms, including denial of employment, promotion, or training opportunities, harassment, and wrongful termination. If you believe you have been a victim of age discrimination in New Jersey, it is crucial to seek the help of an experienced plaintiff employment attorney who can fight for your rights.
At Risman & Risman, P.C., we are dedicated to representing plaintiffs subjected to age discrimination in the workplace. We understand how difficult it can be to face discrimination and harassment at work, and we are committed to fighting for justice on behalf of our clients. Our team of attorneys has extensive experience in handling age discrimination cases in New Jersey and can provide you with the legal guidance and representation you need to protect your rights and hold your employer accountable.
What is Age Discrimination?
Age discrimination occurs when an employer treats an employee or job applicant unfavorably because of age. Under federal law, the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees and job applicants 40 years or older. In New Jersey, the Law Against Discrimination (LAD) prohibits employers from discriminating against employees and job applicants of any age based on their age. The LAD also provides broader protections than the ADEA and applies to employers with fewer than 20 employees, while the ADEA only applies to employers with 20 or more employees.
Age discrimination can take many forms, including:
- Refusal to hire or promote an individual because of their age;
- Making negative comments about an employee or job applicant’s age;
- Harassment based on an employee or job applicant’s age, such as making derogatory remarks or displaying offensive images or materials;
- Providing fewer job opportunities, training, or benefits to employees because of their age;
- Terminating an employee because of their age or forcing them to retire.
Proving Age Discrimination
To prove age discrimination, the plaintiff must show that they were treated unfavorably because of their age. This can be difficult to do because employers may try to provide legitimate reasons for their actions, such as poor job performance or budget constraints. However, if the plaintiff can demonstrate that their age was a factor in the employer’s decision-making process, they may have a strong case.
In age discrimination cases, plaintiffs must establish a prima facie case by showing that:
- They were performing their job duties satisfactorily or were qualified for the job they applied for;
- They suffered an adverse employment action, such as being terminated, demoted, or denied a promotion; and
- The adverse employment action occurred under circumstances giving rise to an inference of discrimination.
Once the plaintiff establishes a prima facie case, the employer must provide a legitimate, nondiscriminatory reason for their actions. If the employer can provide such a reason, the burden then shifts back to the plaintiff to show that the employer’s reason is a pretext for discrimination.
Remedies for Age Discrimination
If you have been a victim of age discrimination in the workplace, you may be entitled to various remedies, including:
- Back pay and front pay;
- Reinstatement or promotion to your previous position;
- Damages for emotional distress, pain, and suffering;
- Punitive damages to punish the employer for their discriminatory actions;
- Attorney’s fees and costs.
Contact a Seasoned and Qualified Age Discrimination Attorney
The New Jersey age discrimination attorneys of Risman & Risman, P.C. are eager to discuss your concerns. Please call us at (212) 233-6400 or contact us online. There is no charge for the consultation.
