Age Discrimination Lawyers in New Jersey

Age-related decisions are no longer confined to just the difficulties of aging. From continued employment to promotional opportunities or even attacks by co-workers or supervisors, concerns that older employees face on a regular basis reach a legal level when they occur with a negative impact because of their age.

If you believe you have been the victim of discrimination or need assistance navigating nuanced problems that arise in the workplace, our team of attorneys is here for you. At Green Savits, we believe that equity matters.

Call us at (973) 965-8571 or use our online form to book an initial consultation.

What Is Considered Age Discrimination in New Jersey?

New Jersey state employment law offers specific freedom from age-related hiring decisions. New Jersey businesses are not permitted to refuse to hire an individual solely on the grounds of their age requirements for a position without an exception being issued by the Law Against Discrimination (LAD). 

Direct vs. Indirect Age Discrimination

Direct and indirect age discrimination are two different ways in which age bias can manifest in the workplace:

Direct Age Discrimination

This occurs when an individual is treated less favorably explicitly because of their age. For example, if an employer states that they are not hiring someone because they are "too old" or an older employee is passed over for a promotion in favor of a younger colleague solely due to age, this would be considered direct discrimination.

Indirect Age Discrimination

This happens when a policy or practice that appears neutral on the surface disproportionately affects people of a certain age group. For instance, if a company implements a policy that requires all employees to have a certain level of physical fitness, it might indirectly discriminate against older employees who may find it more challenging to meet these requirements unless the policy can be justified as a necessary requirement for the job.

How to Prove Age Discrimination

To prove age discrimination in New Jersey, you must gather evidence supporting your claim. Here are some key points to consider:

• Protected age group: Age discrimination claims involve individuals of any age.
• Direct evidence: This includes any explicit statements or actions by an employer that indicate age bias. For example, comments about preferring younger employees, continually asking an employee when they are going to retire, or derogatory remarks about older workers.
• Circumstantial evidence: This can involve showing a pattern of behavior, such as being replaced by a significantly younger employee, or a sudden change in performance evaluations after reaching a certain age.
• Performance record: Demonstrating a strong performance record can help counter claims that the adverse action was due to poor performance rather than age.
• Comparative evidence: Showing that younger employees were treated more favorably under similar circumstances can strengthen your case.

These steps can help build a strong case for age discrimination. If you believe you have been discriminated against, consulting with a lawyer from Green Savits can provide further guidance.