This month marks the 58th anniversary of the effective date of the Age Discrimination in Employment Act. This is a federal statute enacted to combat illegal age discrimination against workers 40 years of age and older. Unfortunately, age discrimination in employment continues and it has actually increased significantly in certain positions and fields, such as employees in upper-level management and among chief executives. See NJ Employment Attorney, Older Chief Executives and Senior Executives Fired Due to Age. In certain fields, discrimination based on age has become an exacerbated business practice, reaching what some would characterize as epidemic of frenzied age discrimination, such as in the tech industry with its rapidly evolving and nascent artificial intelligence. Older workers are more frequently being replaced by younger workers in encompassing positions such as software developers, coders, and the top tech managers in the private and public sector and in public institutions such as educational facilities. New Jersey Employment Attorney, Age Discrimination Layoffs, Practical Implications for Tech Industry Product Developers, Managers and Executives. Older workers in all fields of employment who lose their jobs to younger workers have a much more difficult time finding new comparable employment.
Don’t sit on your rights. If you think your employer has fired you, or is considering terminating you because of your age, you should contact this law office immediately for a free consultation. I have represented employees who were illegally discriminated against by their employers because of age, 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. I Think I Was Fired Because of My Age, How Can I Prove It? 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.
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 discrimination lawsuit unless you first take certain legally required measures to preserve your job while you are still employed. If you are being pressured to resign, or are thinking of handing in a resignation letter, or think you will be fired, you should contact this office immediately for a free consultation to discuss your options.
Under the New Jersey’s state statute, The New Jersey Law Against Discrimination (NJLAD) codified at N.J.S.A. § 10:5-1 et seq., a NJ worker is allowed to file an age discrimination claim directly in state court under The NJLAD without having to first exhaust administrative remedies with a state agency. This differs from the more complicated filing procedures for filing a lawsuit under the federal law, Age Discrimination in Employment Act (ADEA). Under the ADEA, a worker who wants to file an age discrimination lawsuit under that statute, must first exhaust their mandated administrative remedies by first filing a charge with the state agency before going to court. The state agency will begin an investigation into the facts.
Under the ADEA, the worker is permitted to file a lawsuit directly in court only after waiting 60 days after the charge with the agency has been filed. Under the ADEA, a worker cannot file a civil action in court until 60 days have passed since he filed the charge with agency, regardless of whether the agency has issued a right-to-sue letter to the employee. Note: the ADEA has numerous other procedural requirements and an individual should contact an employment attorney to learn more about the procedures if they desire to file ADEA claim. Not all states have a state statute that allows a worker to file an age discrimination claim directly in their state court as does New Jersey.
Additionally, New Jersey’s NJLAD is a more expansive statute, prohibiting age discrimination in employment, than is the federal ADEA because under the NJLAD, there is no age 40 threshold requirement to file a lawsuit. New Jersey Age Discrimination Lawyer. While the NJLAD is similar to the ADEA in that each makes it unlawful for an employer to refuse to hire, to discharge, or to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of the individual’s age, the New Jersey Law Against Discrimination applies to all workers of all ages including those under 40; there is no mandatory age 40 threshold limiting suits to those ages 40 and over. This is especially pertinent in certain industries where employees in their late 30's are terminated and replaced by younger workers, because the employers believe younger persons have more skills and capacity to do the job. Incredibly, sometimes the employer tells the older workers they have to instruct the younger workers who will be replacing them.
Employee Performance Evaluations must be utilized by employers in a manner that is not discriminatory. See NJ Employment Attorney, Is My Employer Discriminating with a Performance Improvement Plan, a PIP? Illegal biases may influence and downgrade a supervisor’s perception of the quality of an employee’s work based on age, race, sex, or other protected characteristic. Bergen County, New Jersey Sex Discrimination Lawyer. In some age discrimination matters, there may be a double bias such as age and sex discrimination. See NJ Employment Attorney, Older Female Employees Suffer Discrimination, Compounded Effect of Age and Sex Discrimination. Age discrimination remains a significant and costly problem for workers and their families.
Note: This article is not legal advice and is not to be construed as giving legal advice in any situation or case. The ADEA has numerous other procedural requirements and an individual should contact an employment attorney to learn more about the procedures if they desire to file ADEA claim. There are numerous changes and amendments in discrimination law and employment law that are mandated every year. If you have a legal question, you should consult with an employment attorney to discuss the specifics of your situation.
Don’t Sit on Your Rights
I have represented employees who were illegally discriminated against by their 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. If you think you are being discriminated against, you should contact this office immediately for a free consultation. I accept discrimination and whistleblower 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.