The tech industry with its rapidly evolving and nascent artificial intelligence is known for its accelerating pace and constant evolution. With or without the redefining of duties for executives, managers, and product developers, this sometimes leads to significant workforce changes, including layoffs. For tech employees, understanding the legal landscape surrounding layoffs in the tech industry, particularly concerning age discrimination, is crucial. These laws provide important safeguards for older employees, particularly in the industry notorious for favoring youth. By understanding the legal protections offered under the federal and applicable state law, executives can better advocate for their rights and seek appropriate remedies if discrimination occurs.
Do not sit on your rights! Do not wait until you are terminated. If you are being subjected to such unlawful workplace discrimination or believe you are being pushed out of your job, contact Hope A. Lang, Attorney at Law today for a free consultation. I have successfully represented executives, managers and product developers in the tech industry who were subjected to age discrimination. This law office accepts cases from all over New Jersey and has locations in Southern, Central and Northern NJ to meet with clients. Call today for a free consultation.
Differences and Similarities in Federal and State Protections as to Age Discrimination
The New Jersey Law Against Discrimination (NJLAD) offers robust protections against age discrimination for NJ employees, exceeding those provided by Federal Age Discrimination in Employment Act (ADEA). The NJLAD applies to all employers, and prohibits discrimination based on age, among other protected characteristics. Both statutes cover various aspects of employment, including hiring, firing, promotions, and layoffs, However, there are several differences in the statutes.
Comparisons between the ADEA and NJLAD
1) SIZE OF THE EMPLOYER as to Company’s Employees
The Jersey Law Against Discrimination (NJLAD) offers broader protections than does the Federal ADEA. The NJLAD applies to all employers of all sizes in NJ, from the smallest employer to those employing thousands of workers.
By contrast, under the ADEA, the employer must have a minimum of 20 employees to be a covered employer under the statute. But note: an exception for public entities under ADEA would cover tech workers for those employers. The US Supreme Court carved out an exception for state, political subdivisions and local government employers. The U.S. Supreme Court in 2018 ruled in a unanimous (8-0) decision, Mount Lemmon Fire District v. Guido, No. 17–587, 2018 WL 5794639 (Nov. 6, 2018) that the ADEA applies to state, political subdivisions, and local government employers, regardless of their size, which instance would cover the tech employees for the public entity.
2) AGE OF THE PLAINTIFF
The Federal ADEA has a low requirement bar of 40 years of age for a plaintiff to file a lawsuit under that statute. The employee must have been 40 years of age or older at time of discrimination to file a lawsuit under the ADEA. (Not that helpful in the tech industry!)
Unfortunately, in the tech industry, the ADEA frequently does not apply because of the extreme enmeshed age bias throughout the industry. In the tech industry, many workers in their 30’s may be less valued than Gen Zers, or those in their twenties, who are perceived to have the capacity to be more innovative, cutting-edge and faster than those in their thirties. (Or as one CEO of a leading tech company stated in a 2007 at a university's Startup School course, "young people are just smarter". He also suggested that entrepreneurs should prioritize hiring young people.)
Under the NJLAD, a tech worker under forty, in their thirties or younger, may bring an age lawsuit for age bias when they were disfavored over a younger employee. In the tech industry, this distinction between the ADEA and the NJLAD is critical.
3) EXHAUSTION REQUIREMENTS PRIOR TO FILING A LAWSUIT
Under the ADEA, employees must first notify a federal agency before they can file a lawsuit in Federal Court. They must exhaust this administrative requirement with the EEOC before they can file a lawsuit.
Under the NJLAD, you may file an age discrimination lawsuit more quickly and easily by directly filing in NJ Superior Court under the NJLAD, without being required to first exhaust any administrative process with a government agency.
PRACTICAL IMPLICATIONS FOR TECH INDUSTRY PRODUCT DEVELOPERS, MANAGERS AND EXECUTIVES
For those in the tech industry facing layoffs, understanding legal protections is essential. Here are some practical steps to consider:
Performance Evaluations, Documentation and other Evidence
So often workers have become to me, when they have not retained paper copies of their performance reviews and other documents, only to find they are shut out from accessing their company email after they are informed, they will be laid off even though they are still technically employees. To read on what comprises objective and fair criteria or inherent biases in employee reviews, see Employee Performance Evaluations. While all evaluations are different and depend on the specific employment position, most are based on various subjective and objective criteria. Unfortunately, sometimes the performance evaluation process is unfair, and a review is given based on the evaluator’s ulterior motive or bias.Keep a log at home, detailing the date, place and witnesses of all incidents in the workplace that are evidence of age bias, such as asking you when you think you will retire, or workplace age jokes.
Maintain thorough documentation of employee evaluations, communications, emails and any other relevant records that are not prohibited and protected by trade secrets, company confidentiality rules, contractual obligations, etc., that could support a claim of age discrimination. Do not store them on a company computer or business email.
Review Severance Agreements: Carefully review any severance agreements or packages offered to ensure they comply with both federal and state laws.
Seek Legal Counsel: Consult with an employment attorney who specializes in age discrimination cases to understand your rights and options. Special language must be included in a severance agreement or you have not waived your rights under the ADEA. New Jersey Age Discrimination Lawyer. You may review NJ Employment Discrimination Attorney, Artificial Intelligence and Discrimination Against High-Earner Employees with the Most Exposure.
Conclusion
Navigating your rights under the law in the tech industry can be challenging, especially for those who experience age discrimination. See NJ Employment Discrimination Attorney, Tech Development Workers and AI Discrimination. As culture changes and the legal landscape continues to evolve, staying informed and proactive is key to ensuring fair treatment in the workplace.
What You Can Do
If you are an employee who is experiencing age discrimination, contact us today for a free consultation. I have represented numerous private and public employees who were discriminated against, and I was successful in recovering multiple six-figure 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 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.
I accept discrimination cases from all over New Jersey and have locations in Southern, Central and Northern NJ to meet with clients.
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.