Age Discrimination in the Workplace

Age discrimination in the workplace is illegal. Age discrimination includes treating an employee unfavorably because of his or her age. It is unlawful for an employer to discriminate against any current or potential employee on the basis of the employee’s age. Although employers should treat all of their employees with respect, age discrimination is a real issue in the workplace.

Examples of Age Discrimination

• Firing or not hiring an employee because of age

An employee cannot be fired because of his or her age. This is discrimination under Federal and New Jersey law.

• Facing harassment or cruel behavior because of age

Harassment is illegal when it is so frequent or severe that it creates a hostile work environment for an employee. Employers, managers, and supervisors cannot harass employees for any reason, including the employee’s age. This is unlawful and wrong.

• Getting turned down for promotions or opportunities due to age

Employers cannot turn down employees for job opportunities or promotions solely because of the employee’s age. Employees should be given similar opportunities regardless of how old they are.

This list is by no means exhaustive. Even though it is illegal, older employees face discrimination in the workplace because of their age. However, the State of New Jersey provides protections against this type of discrimination.

Federal Law Protecting Against Age Discrimination

On the federal level, the Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees or applicants based on their age who are at least 40 years old. This law protects employees by ensuring that employers treat employees over and under the age of 40 years old the same. For example, employees over the age of 40 must also be eligible for the same benefits as their younger counterparts, including health insurance and retirement packages.

New Jersey Law Against Discrimination

Furthermore, the New Jersey Law Against Discrimination (NJLAD) protects New Jersey employees from age discrimination in the workplace. This state law prohibits employers from discriminating against their employees based on race, national origin, age, sex, gender identification, sexual orientation, marital status, religion, disability, pregnancy or military status. Under this NJ law, it is illegal and unlawful for an employer to discriminate or harass its employees because of the employees’ age. Employers are also responsible for the actions of their managers and supervisors. Employers must help protect their employees by ensuring that their employees are not harassed on the basis of their age by their supervisors, managers, or co-workers.

You are not alone. Your age should not determine the level of respect or the opportunities you receive. You may have a claim for age discrimination.

Middletown Age Discrimination Lawyers at McOmber McOmber & Luber, P.C. Represent Victims of Age Discrimination and Retaliation

You should always feel respected and valued where you work. If you have experienced age discrimination at work, the Middletown age discrimination lawyers at McOmber McOmber & Luber, P.C. can help you Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent all clients in Middletown, Cherry Hill, and throughout New Jersey.