In addition to rights granted to older workers under federal law, the New Jersey Law Against Discrimination (LAD) affords protections to a number of classes of citizens. One of the protected classes under the LAD is age. The law protects persons who are seeking a job as well as those who already have one, making it illegal to discriminate on the basis of the protected status of age.
Generally, mandatory retirement at a certain age is prohibited by the LAD. An exception exists where a termination is justified by some other lawful consideration other than age. In New Jersey certain employees such as members of the fire department, police officers, and Supreme Court judges can be subject to a mandatory retirement age of 70.
Firing a person because of their advanced age is prohibited. However, this type of case can be difficult to prove. Employers may often attempt to mask illegal firing by corporate restructuring or downsizing that adversely impacts older workers. Aggrieved employees can file a complaint either with the office of the New Jersey Division of Civil Rights, or can file in State Superior Court.
A skilled employment law attorney can examine the facts of your case and thread through the many rules and regulations that are relevant. Contact the New Jersey employment lawyers of Deutsch Atkins & Kleinfeldt, P.C. if you have questions about age discrimination in the work place or about any other aspect of employment law.