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Age Discrimination
Age Discrimination at Work Violates the Law
In New York or New Jersey, age discrimination in the workplace is unlawful. In other words, it is illegal for your employer to make employment decisions based on your age.
As the workforce is gradually getting older, age discrimination is becoming far too common. Whether you have been fired, demoted, passed up for a promotion or experienced another form of discrimination because of your age, the New Jersey age discrimination lawyers at Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. Please feel free to call us in New Jersey at (201) 777-2250, or contact us online for more information.
Proving Age DiscriminationSometimes age discrimination can be obvious, such as if your boss tells you the company is looking for “new blood,” trying to promote a “younger workforce,” calls you derogatory names like “old man,” "old woman," or “dinosaur,” or claims you are “too old” for the job.
Other times it can be much more subtle, such as when your employer slowly eliminates older workers, implements a plan to have a “more energetic” workforce, stops providing training, new technology or opportunities for advancement to more experienced employees, or is overly critical of older employees on their performance reviews. Similarly, age discrimination can occur if your boss decides to eliminate your job because of their bias or assumptions about older employees.
Our New Jersey age discrimination attorneys are experienced at identifying age discrimination in the workplace. We negotiate, litigate, arbitrate and mediate age discrimination cases in New Jersey and New York.
Harassment Because of AgeNew Jersey and New York law also prohibit employers from harassing employees based on his or her age. At Rabner Baumgart Ben-Asher & Nirenberg, our New Jersey age discrimination lawyers represent employees who have experienced a hostile work environment due to their age.
Age-based harassment often includes ageist comments and inappropriate jokes, or perpetuating stereotypes about older workers. It also can include making job assignments or refusing to provide training opportunities assignments based on assumptions that certain work is more appropriate for younger employees. In fact, harassment due to age can include a whole host of negative conduct and behavior targeted at someone based on their age.
Harassment is legally actionable if it is sufficiently severe, or occurs frequently enough, to interfere with your ability to perform your job.
Discrimination Against the Young: Reverse Age DiscriminationTypically, employers that discriminate based on age favor younger employees over older workers. However, in both New Jersey and New York, as long as you are at least 18 years old, it also is illegal for your employer to discriminate against you because it considers you to be too young. In other words, New Jersey and New York both prohibit reverse age discrimination.
Distinguishing Compensation Discrimination From Age DiscriminationOften, when businesses are looking to save money, such as during a mass layoff or other reduction in force, they use compensation or salary as a factor in deciding which individuals will lose their jobs. Of course, since compensation tends to increase with experience, older works typically have higher compensation than their younger peers. As a result, older workers can be disproportionately impacted by decisions based on compensation.
While it is not unlawful for an employer to use compensation as a basis to make employment decisions, even when it has a disparate impact on older workers, employers cannot hide behind compensation as a justification to target older employees. Rather, if there is evidence of age discrimination, such as direct evidence or a pattern of firing older employees irrespective while retaining higher paid younger workers, then you very well could have a discrimination claim.
Contact Rabner Baumgart Ben-Asher & NirenbergOur attorneys have handled numerous age discrimination claims on behalf of employees in New Jersey and New York. If you would like to schedule an initial consultation with one of our New Jersey age discrimination attorneys, we welcome you to call us at (201) 777-2250.
We will review your case carefully, explain your legal rights, and help you determine the best strategy to enforce your legal rights.
