Burlington County Age Discrimination Attorney

Standing Up for Older Workers in Burlington County

Some employers act like age is a problem. The promotion goes to a younger person with less skill. A worker who earned strong reviews for years suddenly gets a bad one, and then a layoff notice. Sometimes the bias hides behind polite words. You might hear that the company is “going in a new direction,” wants “a more youthful look,” or thinks you are “slowing down.” Someone asks when you plan to retire, and before long they have retired you for you.

That kind of treatment is not just unfair. Under state and federal law, it is often illegal. The law firm of Charles Z. Schalk helps workers across Burlington County stand up to age bias on the job. You do not have to take on a large employer by yourself. A skilled Burlington County age discrimination attorney can review what happened and explain your choices. We help workers in Mount Laurel, Willingboro, Evesham, Moorestown, Maple Shade, and nearby towns. Call today for a free consultation to learn where you stand.

New Jersey Age Discrimination Laws

Many people think age discrimination only affects older workers. That is not the full story. Both state and federal law protect employees, and the rules reach more than one age group.

The main state law is the New Jersey Law Against Discrimination, often called the NJLAD or LAD. It makes it illegal for employers and labor unions to treat workers unfairly because of their age. The main federal law is the Age Discrimination in Employment Act, known as the ADEA. The ADEA protects workers who are 40 years old or older. The state LAD goes further and also protects younger workers, which is something the federal law does not do.

Both laws bar an employer from using your age against you in any part of the job. That includes:

• Age limits or age hints in job ads
• Bias in who gets hired
• Unequal pay or denied benefits
• Being passed over for a promotion
• Unfair job assignments
• Harsher discipline than younger coworkers
• Being chosen first for a layoff or firing

There are only narrow exceptions. For example, an employer may ask a worker to give up certain ADEA rights as part of an early retirement program, and only when strict rules are followed.

New Jersey law also recognizes reverse age discrimination. That means an employer cannot treat a qualified worker unfairly for being seen as too young, either. A lawyer can review your facts and tell you which law gives you the strongest case.

Warning Signs of Age Discrimination at Work

Age discrimination can be hard to spot because it often hides behind vague reasons. Knowing the common signs can help you decide if something is wrong. Watch for these patterns:

• Being treated differently than younger coworkers on pay, raises, or promotions
• Comments or jokes about your age, or hints that you should retire
• Assumptions that older workers are slow, tired, or bad with new technology
• A neutral-sounding policy that just happens to hit older workers hardest
• Getting laid off and then replaced by a younger person who does your job
• Being passed over again and again for promotions that go to less qualified younger staff

Age bias often comes paired with age harassment. That can look like age-based jokes, insults, or being left out, and over time, it can create a hostile work environment. You can pursue both a discrimination claim and a harassment claim, and you are also protected from payback if you report the problem.

What To Do If You Notice Age Discrimination at Work

If you think age is behind how you are being treated, taking the right steps early can protect your case. Here is where to start:

1. Write down each incident, including the date, time, place, who was involved, and exactly what was said or done.
2. Read your company handbook or intranet for its discrimination and grievance rules, and follow the steps to report the problem inside the company.
3. Talk with coworkers who saw what happened, since their accounts can back up your claim.
4. Keep copies of reviews, emails, schedules, and any other proof somewhere safe outside of work.

If reporting it inside the company does not fix the issue, or if you do not feel safe doing that, an age discrimination lawyer can explain your rights and how strong your case is.

Proving an Age Discrimination Claim

Winning an age discrimination case takes more than a bad feeling about how you were treated. You have to build a claim that the law will accept, and that usually follows a clear set of steps.

First, you show that your age placed you in a protected group and that you were doing your job well. Next, you show that something harmful happened anyway, like a firing, a demotion, or being passed over. Then you tie that harm to your age.

Direct proof is rare. Few employers admit they acted because of age, so most workers rely on circumstantial evidence. That might include coded comments, a younger worker taking your role, or reviews that suddenly turned negative.

After that, the employer gets a chance to give a legal reason for what it did. This is where these cases get tricky. Employers often claim a reduction in force or poor performance. Since performance is judged on opinion, that defense can be hard to disprove. You and your attorney can still win by showing the employer’s reason is just a cover story, also called a pretext. A lawyer who knows how these cases are fought can gather emails, records, and witness accounts that get you past the defenses raised early in court.

Severance Offers and the Older Workers Benefit Protection Act

If you lose your job and your employer hands you a severance offer, slow down before you sign. A federal law called the Older Workers Benefit Protection Act, or OWBPA, gives workers over 40 special rights when they are asked to give up the right to sue.

Here is what that law requires:

• In a group layoff, you must get at least 45 days to think over the offer. For a single worker, the minimum is 21 days.
• After you sign, you have 7 days to change your mind and cancel the agreement.
• In a group layoff, the employer must share the ages and job titles of the workers chosen for layoff and those who were not.

These rules give you time and information before you trade away your rights. It is worth having an attorney read any severance offer before you sign it.

Deadlines to File an Age Discrimination Claim

Age discrimination claims come with strict deadlines, and the clock depends on which path you choose. Missing a deadline can cost you the right to file, so acting early matters.

Under federal law, you usually have 180 days from the discriminatory act to file a charge with the Equal Employment Opportunity Commission, or EEOC. In New Jersey, that window can stretch to 300 days because the state has its own civil rights agency. The EEOC will look into your charge and may try to settle it. If it finds reason to believe discrimination happened, it can sue on your behalf, or it can send you a right-to-sue letter. Once you get that letter, you have 90 days to file your own lawsuit in federal court.

The state path gives you more time. Under the NJLAD, you have up to two years from the discriminatory act to file a lawsuit in New Jersey state court. That longer window gives you and your lawyer more room to build a strong case.

If you win, the law allows several kinds of recovery. Depending on what happened, that may include:

• Back pay and interest for wages you lost
• Front pay for future earnings when going back to the job is not possible
• Your job back, or the job you were denied
• Lost benefits that were taken from you
• Money for pain, humiliation, and emotional distress
• Punitive damages when the employer’s conduct was especially harmful

Frequently Asked Questions About Age Discrimination in New Jersey

Does age discrimination only apply to older workers?

No. The federal ADEA protects workers who are 40 and older, but New Jersey’s LAD goes further. The state law also covers reverse age discrimination, which is bias against a qualified worker for being seen as too young. So a younger worker can have a claim too, if age was the reason behind the harm. A lawyer can review the facts and tell you which law fits your case.

Can it be age discrimination if my employer never said anything about my age?

Yes. Most employers are careful not to say anything directly about age. The law lets you prove a case with circumstantial evidence instead. Coded phrases like “new direction” or “more youthful,” a younger replacement, or a sudden drop in your reviews can all point to age bias. A pattern over time often matters more than a single comment.

How long do I have to file an age discrimination claim?

It depends on the path. Under federal law, you generally have 180 days to file a charge with the EEOC, and that can extend to 300 days in New Jersey. After you get a right-to-sue letter, you have 90 days to file in federal court. Under the state NJLAD, you have up to two years to file in state court. Because these deadlines pass quickly, it helps to talk with an attorney soon.

Talk With a Burlington County Age Discrimination Attorney Today

You worked hard to build your career, and your age should not be used against you. If an employer in Burlington County treated you unfairly because of how old you are, you have the right to push back and seek fair treatment. The sooner you act, the more options you tend to have, since the deadlines to file do not wait. Reach out to Charles Z. Schalk today to schedule your free consultation. We will listen to your story, explain your rights under New Jersey and federal law, and help you decide on the best path forward.