Middlesex County Age Discrimination Attorney
Age discrimination is more common than most people realize. According to a survey by the American Association of Retired Persons (AARP), nearly 40 percent of New Jersey workers age 40 and older have personally experienced age discrimination at work. In the New York City area, that number climbs even higher, with nearly 50 percent of workers age 50 and older reporting that they have experienced or witnessed it on the job or during a job search.
If you believe your employer treated you unfairly because of your age, you may have a legal claim. Charles Z. Schalk represents workers in Middlesex County and throughout New Jersey who have been discriminated against because of how old they are. Whether you were passed over for a promotion, pushed out of a job, or forced into early retirement, the law may be on your side.
Federal and New Jersey Laws That Protect Workers from Age Discrimination
Workers in New Jersey are protected by both federal and state law when it comes to age discrimination.
At the federal level, the Age Discrimination in Employment Act of 1967, commonly called the ADEA, makes it illegal for employers to discriminate against workers who are 40 years old or older. Under the ADEA, an employer cannot fire, refuse to hire, demote, or otherwise treat a worker unfairly simply because of age. Employers also cannot classify or limit employees in ways that cut off opportunities or hurt their employment status because of age.
At the state level, New Jersey’s Law Against Discrimination, known as the LAD, goes further than federal law in some ways. The LAD protects workers between the ages of 18 and 70, which means it also protects younger workers from being discriminated against in favor of older ones. The LAD covers the same areas as the ADEA, including hiring, firing, compensation, benefits, and job assignments. There are exceptions for workers under 18 and over 70.
Both laws make it illegal for employers to make employment decisions based on age in the following areas:
- Hiring: An employer cannot refuse to hire you because of your age.
- Firing: An employer cannot discharge you because of your age.
- Forced retirement: An employer cannot push you out of your job or pressure you to retire because of your age.
- Promotions and demotions: Age cannot be used to block you from applying for or receiving a promotion.
- Pay and benefits: An employer cannot use age to make decisions about your wages or employee benefits.
- Job assignments: Employers cannot hand certain work to younger employees simply because they assume younger workers are more suited for it.
Both laws also prohibit employers from harassing employees because of age. You do not have to put up with repeated ageist jokes or comments in the workplace. Retaliation is also illegal. If you report age discrimination or file a complaint, your employer cannot punish you for doing so.
What You Have to Prove in an Age Discrimination Case
Establishing the Basics of Your Claim
To bring an age discrimination claim, you generally need to show four things. First, that your age puts you in a protected class under the law. Second, that you were performing your job at the level your employer expected. Third, that your employer took an adverse action against you anyway. And fourth, that the adverse action was because of your age.
Adverse employment actions include things like termination, demotion, or being passed over for a promotion you were qualified for.
When the Employer Pushes Back
In most age discrimination cases, there is no single piece of direct evidence that proves what happened. Employers rarely put discriminatory intent in writing. Instead, cases often rely on circumstantial evidence such as ageist remarks made by supervisors, the promotion of a less experienced younger worker, or a pattern of older employees being let go while younger ones are kept on.
If an employer claims there was a legitimate, non-discriminatory reason for the adverse action, that reason can still be challenged. If the stated reason is a cover for age-based bias, it is called a pretext. Your attorney’s job is to show that the employer’s explanation does not hold up.
What You Can Recover
If you successfully prove age discrimination, you may be entitled to several types of compensation:
- Back wages and interest
- Reinstatement to your former position
- Restoration of lost employee benefits
- Damages for pain and suffering
- Punitive damages in cases where the employer’s conduct was particularly harmful
How Long You Have to File
There are deadlines for filing age discrimination claims, and missing them can cost you your case. In New Jersey, you must file a complaint with the NJ Division on Civil Rights within 180 days of the discriminatory act. If you plan to file a federal claim under the ADEA, there are separate deadlines that apply through the Equal Employment Opportunity Commission (EEOC). Speaking with an attorney as soon as possible gives you the best chance of protecting your rights.
Frequently Asked Questions About Age Discrimination in New Jersey
Q. What counts as age discrimination at work?
A: Age discrimination happens when an employer treats you worse than other employees because of your age. This can include being fired, demoted, denied a raise, passed over for a promotion, or pushed toward early retirement. It can also include being subjected to repeated ageist comments or a work environment where older employees are singled out. Both subtle patterns and more obvious actions can support a legal claim.
Q. Does the law only protect older workers?
A: No. While the federal ADEA specifically protects workers who are 40 and older, New Jersey’s LAD is broader. It protects workers between the ages of 18 and 70, meaning younger workers can also bring age discrimination claims under state law if they were treated poorly because they were seen as too young compared to other employees.
Q. What if my employer gives a different reason for firing me?
A: This is one of the most common situations in age discrimination cases. Employers rarely admit that age played a role. Instead, they may cite performance issues, budget cuts, or a company restructuring. However, if that reason is not the real one, it can be considered a pretext. An attorney can help gather evidence to show whether the stated reason lines up with what actually happened, such as whether younger employees with similar or worse performance records were treated differently.
Talk to a Middlesex County Age Discrimination Attorney
Age discrimination is often hard to spot at first. A company might slowly thin out its older workforce over months or even years. By the time a pattern becomes clear, important deadlines may be getting close. If something at work has not felt right and you suspect your age is the reason, it is worth having a conversation with an attorney who handles these cases. Charles Z. Schalk represents workers in Middlesex County and across New Jersey who have experienced age discrimination and helps them understand their options and pursue the compensation they deserve. Contact us today to learn how we can help with your case.
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