Employers in New Jersey Agrees to Settle Age Discrimination Claim for $500,000
According to a report from the Equal Employment Opportunity Commission (EEOC), an employer in New Jersey has agreed to resolve an age discrimination claim for $500,000. Hatzel & Buehler—an electrical contractor with a location in Hamilton Township in Mercer County—declined to consider and hire older job applicants. Here, our New Jersey employment law attorney provides a more comprehensive overview of the case and age discrimination claims.
Settlement: Executive Encouraged Discriminatory Recruitment and Hiring Practices
The EEOC took legal action against Hatzel & Buehler after allegations arose that a vice president of the company at the location in Mercer County, New Jersey engaged in age-based discrimination in hiring. The company’s vice representative reportedly:
- Requested that the recruiting company his firm worked with seek out younger project manager applicants;
- Refused to hire older workers for project manager positions based on their age; and
- Failed to retain and produce relevant hiring and application records as required by law.
The EEOC brought a claim against the employer under the federal Age Discrimination in Employment Act (ADEA). A complaint was filed in the United States District Court for the District of New Jersey. It has now been settled for $500,000. The EEOC reports that eight job applicants were affected. The employer will also overhaul its hiring practice to ensure compliance with the law.
An Overview of State and Federal Age Discrimination Laws
Older employees—defined under New Jersey law and federal law as workers that are 40 years of age and older—may be protected under age discrimination law. Here are key points that employees in New Jersey should understand about age discrimination laws:
- State Law (New Jersey Law Against Discrimination (LAD)): The New Jersey Law Against Discrimination (LAD) is the primary state law that prohibits age-based discrimination in the workplace in New Jersey. Under LAD, an employee’s “older age” cannot be used as a basis for making employment decisions. The law bars age discrimination in all aspects of employment, including hiring, firing, promotions, and wages. Notably, LAD covers all employers with one or more employees in New Jersey.
- Federal Law (Age Discrimination in Employment Act (ADEA)): The Age Discrimination in Employment Act (ADEA) is the federal law that bars age discrimination in the workplace. It was passed in 1967. The ADEA protects workers who are 40 years of age and older against age-based discrimination. It applies to employers with 20 or more workers, including part-time and temporary employees. For an ADEA violation, an employee can file a claim with the EEOC.
Examples of Age Discrimination in the Workplace in New Jersey
To prove age discrimination, you must prove that your older age was a factor in your employer making an adverse employment decision. Age discrimination in the workplace in New Jersey can come in a wide range of different forms. Some of the most common examples include:
- Failure to Hire: Age discrimination in hiring occurs when an employer refuses to hire a qualified candidate solely because of their age. For example, an applicant in their 50s might be rejected for a position even though they meet all the job requirements. This is exactly what happened in the EEOC’s claim against the New Jersey-based electrical contractor.
- Failure to Promote: An employer may engage in age discrimination by denying promotions to older employees despite their qualifications and experience. For instance, an employee in their 60s might be passed over for a promotion in favor of a younger, less experienced colleague. Older employees who are qualified have a right to compete for promotion.
- Age-Based Harassment: Age-based harassment involves creating a hostile work environment by making derogatory comments or jokes about an employee’s age. For example, an older worker might be repeatedly mocked for being “too old” to keep up with younger colleagues. Harassment based on age occurs when conditions within the workplace are so severe or so pervasive as to undermine the workers’ ability to perform.
- Wrongful Termination: Wrongful termination occurs when an employee is fired due to their age, rather than performance or other legitimate reasons. For example, an employer may terminate a long-serving employee in their 50s to make room for younger, less expensive hires. Targeted lay-offs by an employer in New Jersey that are aimed at older workers can give rise to an age-based discrimination claim for wrongful termination.
All age discrimination cases should be thoroughly investigated by an experienced New Jersey employment attorney. Your lawyer can review the situation, review evidence, and take action to help you build an age discrimination claim under the LAD, ADEA, or both.
The Potential Remedies in an Age Discrimination Claim in New Jersey
Were you the victim of age-based discrimination by an employer in New Jersey? You may have questions or concerns about your available legal remedies. You may be entitled to:
- Reinstatement;
- Back pay;
- Front pay;
- Emotional distress;
- Attorneys’ fees; and
- Other legal costs.
How Our New Jersey Employment Attorney Can Help With
Age discrimination claims are complicated. If you have any specific questions about age-based discrimination laws, professional guidance and support is available. A member of the National Employment Lawyers Association, New Jersey, Charles Z. Schalk fights for the rights of employees in the full range of age discrimination cases. We are proactive and justice-focused. Along with other things, our New Jersey age discrimination attorney is prepared to:
- Hear your story and answer questions about age discrimination laws;
- Investigate the case—gathering evidence of age-based discrimination;
- Represent you in any settlement negotiations with your employer; and
- Take action to get justice, compensation, and all other available remedies.
Speak to Our New Jersey Employment Lawyer Today
Charles Z. Schalk is an experienced New Jersey workplace discrimination attorney. If you or your loved one was subject to any type of age-based discrimination in the workplace, we can help. Get in touch with us by phone at (908) 526-0707 or contact us online for your fully confidential initial consultation. We represent employees in workplace discrimination claims throughout New Jersey.