Current Events

Monday, May 27, 2024

NJ Age Discrimination Attorney, Age Discrimination Against Executives and Workers Under Unfair Law - Bill Introduced to Remedy

Employees, whether they be top-tier executives or hourly wage earners, who experience age discrimination in the workplace, who file under the Federal Age Discrimination in Employment Act (ADEA) currently do not have the full scope of legal remedies available them on par with other protected classes in employment discrimination lawsuits that are brought under federal laws. Note: if you are a New Jersey plaintiff, you can fortunately avoid these restrictions mandated under the federal ADEA, by filing a lawsuit instead under New Jersey’s state discrimination statute, the New Jersey Law Against Discrimination (NJLAD). The NJLAD allows for greater monetary damages than does an employment age discrimination lawsuit filed under the federal ADEA.

Don’t sit on your rights! If you are the victim of age discrimination, you should call this office today for a free consultation. I have represented older workers for private and public employers, 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.

Age discrimination can inflict permanent damage on workers of all levels, including top-tier executives, and it must not be tolerated.

The Equal Remedies Act

Legislation was introduced this month in the House and Senate, HR 8298/S 4327, that would eliminate the current monetary cap awards in age discrimination cases, and apply the same standards for monetary compensation as in other types of employment discrimination filed under federal law.

On May 8, 2024, a bill, the Equal Remedies Act, was introduced in the House of Representatives by Rep. Suzanne Bonamici, [D-OR-1] and in the Senate on May 14, 2024 by Sen. Edward J. Markey [D-MA].

The Equal Remedies Act would eliminate the current statutory damage caps for employment discrimination cases and amend the ADEA allowing successful plaintiffs in age discrimination cases to receive compensatory and punitive damages.

Current Federal Law Prevents Workers from Receiving the Full Jury Awards in Age Discrimination Cases

This legislation updates an outdated federal law that caps monetary awards which prevents age discrimination plaintiffs from receiving the full amount of money awarded by a jury. These arbitrary monetary caps can result in a jury awarding an amount that is much larger than allowed by the statute, only to have the judge then knock it way down to a much lower amount as is required by the statute. The current federal law prevents workers from receiving the full amount awarded by a jury, which is severely egregious to the injured worker. The Equal Remedies Act would bring the ADEA into a more current economic reality as to damages allowed for harm to employees, and amend the ADEA to allow age employment discrimination plaintiffs to pursue compensatory and punitive damages.

It’s bad enough that older employees may experience in the workplace. It is a doubly unjust when laws intended to remedy discrimination, themselves are discriminatory against age discrimination Plaintiffs.

Employers Benefit by the Outdated Law

Employers benefit from an outdated 1991 law, because the maximum monetary award for these cases has not increased with inflation. Without considering the grievousness of harm to the employee caused by the discriminatory behavior, the maximum monetary award for these cases is determined by the number of employees at the place of work. Consequently, most employers’ liability for payments of awards to Plaintiffs are capped at $50,000. The Equal Remedies Act would amend the ADEA and eliminate unfair damage caps.

 Don’t Sit on Your Rights!

I am an aggressive and compassionate employment law attorney who is experienced in successfully representing employees who suffered illegal age discrimination. If you think you are being pushed out of your job, or retaliated against, or terminated because of your age, you should contact this office immediately for a free consultation.

If you resign, you may lose right to prevail in a lawsuit.

In many instances of discrimination and retaliation, if you resign, 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 resigning, or think you will be fired, or have been fired, you should contact this office immediately for a free consultation to discuss your options in the safest way for you.

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.



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