Essex County, NJ

Age Discrimination Lawyer

NJ Age Discrimination Laws

Age discrimination can occur against people of various ages; it does not just focus on individuals who are considered old or young. New Jersey’s Law Against Discrimination (LAD) makes it illegal for employers and labor unions to commit actions of age discrimination. The LAD names several actions that could be considered age discrimination by an employer or labor union.

For example, if you are applying for a job, an employer generally cannot use your age as a determining factor for eligibility. This law also applies to promotions and eligibility for apprenticeships and other training programs. However, if you are under the age of 18 or over the age of 70, your age may be considered for employment purposes under certain circumstances. An employer also cannot:

  • Use your age when determining whether you should be fired or laid off
  • Use your age to force you into retirement
  • Using your age to make changes to job assignments
  • Consider your age when determining pay rates and other employee benefits
  • Allow other employees to harass or discriminate against you because of your age

As mentioned above, there are exceptions to the LAD. For example, the LAD does not force an employer to hire a person who is under the age of 18. Additional exceptions to the LAD include:

  • An employer’s right to refrain from hiring or promoting a person that is over the age of 70, though some federal laws may prohibit this right
  • An employer’s right to advertise a position towards a certain age demographic because age is a “bona fide occupational qualification” for that particular job, such as hiring an actor to play a particular person
  • The ability to use an employee’s age to set terms of a retirement or pension plan

An employer cannot use a retirement plan or use any other reason to set a mandatory retirement age. However, certain jobs have mandatory retirement ages, like judges or tenured employees at a college.

Also, the LAD does not allow labor unions to prevent someone from joining, or forcing someone to leave the union, because of their age. Age also cannot be used to determine eligibility for labor-sponsored training programs.

Filing a Lawsuit for Age Discrimination at Work

If you were discriminated against because of your age, you could potentially file a lawsuit against the employer or labor union that committed the discriminatory act. A lawsuit for age discrimination must be filed with New Jersey’s Superior Court and must be filed within two years of the discriminatory act. If you file your claim after two years, there is a possibility that the court may bar your claim.

There are several remedies available for the victims of age discrimination. For example, if age discrimination caused an employee to lose certain benefits, those benefits may be awarded to the employee. Employees that were discriminated against during the hiring process may receive the job they applied for, with back pay and interest included. There are also damages for pain, humiliation, and emotional distress caused as a result of the age discrimination.

You should not fear reprisal for filing an age discrimination claim against your employer or a company you applied to. The LAD also protects against reprisals by employers for employees and anyone who assists the employee with an age discrimination claim. However, because New Jersey’s employment discrimination laws are complex, it is in your best interests to seek legal help from an experienced age discrimination lawsuit lawyer if you wish to file a claim.

Essex County, NJ Age Discrimination Attorney for Workers

If you or a family member has experienced age discrimination at work or while applying for a job, you should speak with an experienced Essex County age discrimination attorney today. The Law Offices of Usmaan Sleemi is dedicated to helping the workers of New Jersey fight against discriminatory practices by employers and labor unions. To schedule a free consultation about age discrimination, call the Law Offices of Usmaan Sleemi at (973) 453-4060 or contact us online.

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Law Office of Usmaan Sleemi

New Jersey Office:
101 Eisenhower Parkway,
Suite 300,
Roseland, New Jersey 07068

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