Essex County Age Discrimination Attorney

Standing Up for Older and Younger Workers in New Jersey

Your age should never decide whether you keep your job, earn a fair wage, or get a fair shot at a promotion. Still, some workers in Essex County are treated badly because of how old they are. This can happen during hiring, during daily work, or even on the way out the door. If you think your employer treated you unfairly because of your age, you may have the right to take legal action.

Age discrimination can hurt in more ways than one. It can cost you income, benefits, and peace of mind. The law firm of Charles Z. Schalk helps workers across Essex County and the rest of New Jersey push back against unfair treatment at work. You do not have to face a large employer on your own. An experienced Essex County age discrimination attorney can review what happened and explain your options. Call today to set up a free consultation and learn where you stand.

New Jersey Age Discrimination Laws

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

The main state law is the New Jersey Law Against Discrimination, often called the LAD. It makes it illegal for employers and labor unions to treat workers unfairly because of their age. One thing that sets the LAD apart is that it protects younger workers, too, not just those who are older. It also applies to employers of every size, even small businesses.

The main federal law is the Age Discrimination in Employment Act, known as the ADEA. Congress passed it in 1967. The ADEA protects workers who are forty years old or older. It only applies to employers with 20 or more employees, which is why the state law often gives workers wider protection. Title VII of the Civil Rights Act and the Equal Employment Opportunity Commission also play a role in many workplace cases, since they cover other forms of unfair treatment that can overlap with age claims.

Under these laws, an employer usually cannot use your age to:

  • Decide whether to hire you or turn you away
  • Choose who gets fired or laid off
  • Force you into retirement
  • Change your job duties or work assignments
  • Set your pay, raises, or benefits
  • Allow coworkers to harass you because of your age

There are a few exceptions. The LAD does not require an employer to hire someone under the age of 18. Special rules can apply to workers under 18 or over 70 in certain jobs. An employer may also list a specific age for a role when age is a real requirement for the work, such as casting an actor to play a young child. Some jobs, like certain judges, have a set retirement age as well. A lawyer can tell you whether any of these exceptions apply to your situation.

Proving an Age Discrimination Claim

Winning an age discrimination case takes more than a bad feeling about how you were treated. You need to build a claim that the law will accept. Most cases follow a clear set of steps.

First, you show that you belong to a protected group based on your age and that you were doing your job well. Next, you show that something harmful happened anyway, such as a firing, a demotion, or being passed over for a promotion. Then you connect that harm to your age.

Direct proof is rare. Few employers will admit they acted because of age. Most workers rely on circumstantial evidence instead. That might include age-related jokes, comments about being “too old” or “too young,” or watching a younger and less qualified person get the job you wanted.

After that, the employer gets a chance to give a legal reason for what it did. If the employer offers a reason, you and your attorney can still win by showing that the reason is just a cover story, also called a pretext. This back-and-forth is a normal part of how these cases work, and a skilled lawyer knows how to handle each step.

Filing a Lawsuit for Age Discrimination at Work

If you were treated unfairly because of your age, you may be able to file a lawsuit against your employer or a labor union. In New Jersey, an LAD claim is filed in the Superior Court. You must file within two years of the discriminatory act. If you wait longer than two years, the court may throw out your case, so acting early matters.

The law allows several types of recovery for workers who win their cases. Depending on what happened, you may be able to receive:

  • Back pay and interest for wages you lost
  • 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

You also have the right to speak up without fear. The LAD protects workers from payback for filing a claim, and it protects people who help with that claim, too. Because these laws can get complicated, it helps to work with an attorney who handles age discrimination cases every day.

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 protects both older and younger workers from unfair treatment based on age. That means a worker in their twenties can have a claim too, if age was the reason behind the harm. A lawyer can look at the facts and tell you which law gives you the strongest case.

How is age discrimination different from other workplace discrimination?

Age is only one of many traits the law protects. Workers in New Jersey are also shielded from unfair treatment based on race, pregnancy, disability, gender, and more. Some cases involve more than one type of discrimination at once. The same laws that cover age, like the LAD and federal civil rights laws, often cover these other claims as well, so it helps to have one attorney review the whole picture.

What should I do if I think I was a victim of age discrimination?

Start by writing down what happened while it is fresh in your mind. Save emails, reviews, schedules, and any comments that point to age bias. Try not to wait, since the two-year deadline to file can pass quickly. Then talk with an age discrimination attorney who can review your records and explain your next move. A free consultation is a low-risk way to learn whether you have a claim.

Talk With an Essex 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 Essex County treated you unfairly because of how old you are, you have the right to fight back and seek fair treatment. The sooner you act, the more options you tend to have. 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.