New Jersey has long been a leader in protecting employees’ rights, including safeguarding against age discrimination in the workplace. Recent amendments to the state’s Law Against Discrimination (LAD) have strengthened these protections, ensuring that all workers, regardless of age, can seek legal recourse if they face discrimination.
The New Jersey Law Against Discrimination prohibits employers from discriminating against employees or job applicants based on their age. This includes any adverse employment action, such as termination, demotion, refusal to hire, or denial of promotions, based solely on a person’s age. Historically, the LAD provided these protections primarily for workers between the ages of 40 and 70. However, a legislative change in 2021 expanded the law’s coverage by removing the upper age limit, ensuring that workers over 70 are also protected.
This legislative change aligns with the broader national recognition that age should not be a barrier to employment. With people living longer and healthier lives, many wish to continue working well beyond traditional retirement age. The amendment to the LAD reflects this societal shift and guarantees that older workers cannot be forced out of their jobs or passed over for opportunities solely due to their age.
While New Jersey’s legal framework offers robust protections against age discrimination, these cases can be challenging to prove. Age discrimination often manifests subtly, making it difficult for employees to gather direct evidence. Employers may try to mask discriminatory actions by citing performance issues or business needs unrelated to age, even if the underlying motive is age-related bias.
To establish a case of age discrimination, an employee needs to show that age was a determining factor in the adverse employment action. This could involve presenting evidence such as age-related comments, a pattern of replacing older workers with younger ones, or inconsistencies in the employer’s stated reasons for the action. Given the complexities involved, it is advisable to have the support of an experienced New Jersey employment law attorney who understands the nuances of age discrimination cases. An attorney can help you collect and present the necessary evidence, navigate the legal process and advocate on your behalf to ensure your rights are protected. They can also provide guidance on whether a settlement or further litigation is the best course of action based on the specifics of your case.
At Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, our employment law attorneys have the knowledge and experience necessary to analyze your situation and determine whether you have a supportable case of age discrimination. To schedule a confidential consultation, call 551-245-8894 or contact us online.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
