Employment discrimination practices biased against promotions for workers over 70 is no longer legally tolerated for most NJ employment positions, thanks to the amendments to the New Jersey Law Against Discrimination. Prejudice in the sense of a judgment or opinion formed predicated on a person’s age is the fountainhead of all age discrimination, which opinion proves on examination to be unrelated to the employee’s job performance or to be completely nonexistent. The adoption of the amendments carries out the elemental intent of discrimination law - to protect workers against such prejudgment.
The prior loophole in the NJ law which allowed severe and egregious consequences against persons in their 70's and often leading to dire economic realities for such persons, was because of the following clauses. This offending language has since been deleted from and is no longer part of the statute: “provided further that nothing herein contained shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years of age.” Quite shocking that this loophole existed for the many decades in which it defined the law which was intended to protect against discrimination.
As in all cases of the evolution of the law and the expansion of civil rights, decades from now, a future generation may look back at the history of this statute and be incredulous that this antediluvian statute embodied by its very language, the myths surrounding aging.
Unlike other protected classes within the statute, such as race and disability, etc., prior to these amendments which went into effect as of October 5, 2021, this carve-out in the New Jersey statute specifically allowed employers to actively discriminate in hiring and promoting persons over 70 years of age, specifically because of the protected class of age, and their age alone, and not because the person could not perform his or her job duties. There was no logical reason to have such discriminatory carve-out, which had the effect to unintentionally perpetuate in part the myths that employees over age 70 by their very age may be any less competent on the job then those who are younger.
Better late than never
The reality of the expanding demographics of the US workforce of employees aged 70 and older persuaded lawmakers to push for changes in the law which came better late than never. Older workers continue to want to be employed not as a recreational activity to fill up hours that would otherwise be “boring repetitive retirement time” but because of harsh economic realities. Additionally, older workers bring more experience and skills to the employer and have the proven perseverance to not give up when the going gets rough.
I have represented both public and private employees who were pushed out of jobs because of their age, including septuagenarians and octogenarians, and was successful in recovering financial compensation for their emotional pain and suffering and moneys for lost wages, both for past lost wages and projected future lost wages. If you think you are being pushed out of your job because of your age, you should contact this office immediately for a free consultation.
If You Quit Your Job, You May Lose Right to Prevail in a Lawsuit
In many instances of discrimination, if you quit your job, you may lose right to prevail in a lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are thinking of quitting, or think you will be fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.
Let me fight for you. If you think you may have been discriminated against, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept discrimination cases from all over New Jersey.
What You Can Do
I am an aggressive and compassionate employment law attorney who is experienced in successfully representing persons who were discriminated against at work. I am successful in bringing employee lawsuits against governmental entities and private employers and recovering money for victims of age, race, sex, disability, sexual orientation, and other discrimination.
Hope A. Lang, Attorney at Law represents workers throughout the entire state, including Hackensack, Jersey City, Newark, Irvington, Orange, East Orange, Trenton, Paterson, Montclair, Elizabeth, North Brunswick, Cherry Hill, Vineland, Union, Plainfield, Hamilton Township, Lakewood, Edison, Parsippany-Troy Hills, Franklin, Lakewood, and every NJ County, including Bergen, Hudson, Middlesex, Essex, Monmouth, Somerset, Ocean, Union, Camden, Passaic, Morris, Gloucester, Atlantic, Burlington, Camden Counties.