Age Discrimination

Highly Experienced Bergen County Employment Law Attorneys Standing Up to All Types of Workplace Discrimination

Age discrimination remains a pervasive issue in workplaces across New Jersey and the nation. Despite decades of legal protections, older employees often face bias that unfairly limits their job opportunities and undermines their contributions at work. Whether it’s being overlooked for promotions, denied employment, or subjected to hostile treatment, age discrimination is not only unethical but also illegal. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we are dedicated to helping employees stand up against age discrimination and fight for their rights in the workplace..

What Is Protected Under the Age Discrimination in Employment Act (ADEA)?

Age discrimination occurs when an employee or job applicant is treated unfairly because of their age. This form of bias can prevent capable employees from being hired, promoted, or fairly compensated, despite their qualifications and contributions.

The federal Age Discrimination in Employment Act (ADEA) protects employees aged 40 and older from age-based discrimination in workplaces with 20 or more employees. Under the ADEA, it is unlawful for employers to take adverse actions against employees or job applicants based on their age, including:

• Refusing to hire or promote
• Denying training or professional development opportunities
• Terminating employment without legitimate cause
• Making age-related comments that create a hostile work environment

Even Broader Protection Under New Jersey Law

New Jersey’s Law Against Discrimination provides additional protections against age discrimination, protecting employees who are at least 18 years old, and applying to virtually all employers regardless of their size.

Examples of Age Discrimination

Age discrimination can manifest in various ways, including overt actions and subtle, systemic biases. Common examples include:

• Job postings or hiring practices that specify age limits or preferences for “young” candidates
• Mandatory retirement policies targeting employees over a certain age
• Unequal pay, benefits, or treatment compared to younger colleagues
• Excluding older employees from high-profile projects or advancement opportunities
• Harassing remarks or behavior targeting an employee’s age

These discriminatory practices not only harm employees but also undermine workplace diversity and innovation.

Recognizing Subtle Forms of Age Bias

Age discrimination is not always blatant. Subtle forms of bias, often referred to as “ageism,” can be harder to identify but are just as damaging. Examples include:

• Passing over older employees for promotions without explanation
• Assigning less challenging or meaningful work to older team members
• Making assumptions about an older employee’s ability to use technology or adapt to changes
• Using coded language, such as “overqualified,” to reject older job applicants

If you have experienced any of these behaviors, it’s important to speak with an experienced age discrimination attorney to determine whether you have a valid claim.

Proving an Age Discrimination Claim

Establishing an age discrimination claim requires evidence that an adverse employment action was motivated by age bias. Key elements of a NJ age discrimination claim include:

• Membership in a Protected Class: For federal claims, this requires showing that you are 40 years old or older. However, under NJ and NY law, age discrimination against anyone 18 or older is against the law.
• Qualification for the Job: Demonstrating either that you met the employer’s legitimate performance expectations or were performing in the position.
• Adverse Employment Action: Providing evidence of termination, demotion, or another negative outcome.
• Causal Connection to Age: Establishing that age was a factor that made a difference in the employer’s decision-making.

Evidence of age discrimination can include documentation of policies, communications that reference age, or patterns of behavior demonstrating bias against older workers. It also can include facts showing that the employer’s explanation for its actions are false. An experienced attorney can help gather and present this evidence effectively.

Retaliation for Reporting Age Discrimination

Employees who report age discrimination are protected from retaliation under both the ADEA and New Jersey’s LAD. Retaliation occurs when an employer punishes an employee for speaking out, such as by demoting, firing, or harassing them after they file a formal or informal complaint. Retaliation is illegal, and employees have the right to take legal action to protect themselves.

If you have been retaliated against for reporting age discrimination, it is critical to seek legal guidance to protect your rights and pursue justice.

Distinguishing Compensation Discrimination from Age Discrimination

Often, when businesses are looking to save money, such as during a mass layoff or other reduction in force, they use employee compensation as a factor in deciding who will lose their jobs. Because compensation tends to increase with experience, older works typically have higher compensation than their younger peers. As a result, older workers are often disproportionately impacted by decisions based on employee compensation.
On its face, this practice is not unlawful, even if an employer’s actions have a disparate impact on older workers. However, employers cannot hide behind compensation as a justification to target older employees. So, 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.

Speak with an Experienced Employment Lawyer Today

If you have been subjected to age discrimination in the workplace, then the attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. are here to help. With decades of experience in employment law, we are committed to holding employers accountable and ensuring all employees are treated with fairness and dignity. To learn more, and to schedule a consultation today, call Rabner Baumgart Ben-Asher & Nirenberg, P.C, at 201-777-2250. You can also connect with us through our secure online contact form. Let us put our knowledge and dedication to work for you.