New Jersey Age Discrimination Attorneys Representing Clients in Hackensack
Employees and job applicants in New Jersey should never have to worry that they will be denied a job, or demoted or terminated from an existing position, on the basis of age. However, age discrimination occurs more often than you might think in workplaces, and job applicants and employees can lose out on opportunities as well as pay. According to the U.S. Equal Employment Opportunity Commission (EEOC), it is critical to work toward changing the narrative about older workers, thinking instead about the benefits of workers with years of experience in their jobs. Indeed, the EEOC reports that “age-diverse teams and workforces can improve employee engagement, performance, and productivity.”
Yet employers continue to engage in unlawful discrimination against job applicants and employees on the basis of age. If you believe you have faced age discrimination at any stage of the employment process, you should seek advice from a Hackensack age discrimination lawyer at our firm.
What is Age Discrimination in Hackensack?
Age discrimination involves treating an employee (or job applicant) differently because of the employee’s age. The EEOC clarifies that federal law “prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other term or condition of employment.” New Jersey state law similarly prohibits age discrimination in employment and covers more workers than federal law.
In addition to prohibiting age discrimination in any aspect of the employment process, unlawful age discrimination can also include harassment on the basis of a person’s age. It is essential to know that, in order for age-related harassment to be unlawful, it typically must involve more than a single, offhand remark or an isolated incident. To violate federal or state law, age-related harassment must be sufficient to create a hostile or offensive work environment for an employee. Anyone at a workplace can engage in harassment, from a supervisor to a coworker to a customer. Employers have a duty to take steps to prevent harassment and to investigate when employees report incidents of harassment.
Law Protecting Employees in Hackensack Against Age Discrimination
Two laws provide employees in Hackensack with protections against age discrimination:
- Federal Age Discrimination in Employment Act (ADEA); and
- New Jersey Law Against Discrimination (LAD).
Under the federal ADEA, employers are prohibited from discrimination against job applicants or employees who are aged 40 or older. Younger employees do not have protection under federal law. The federal ADEA covers employers that have 20 or more employees.
The New Jersey LAD provides much broader protections against age discrimination than federal law. Under the LAD, employers are prohibited from discrimination against any employee or job applicant aged 18 or older on the basis of age. The LAD also applies to all employers regardless of the total number of employees at the workplace. It is important to know that the LAD used to allow employers to refuse to hire or promote employees over the age of 70, but a recent change to New Jersey law expanded age discrimination protections to these workers.
Remedies for Workplace Age Discrimination in Hackensack, New Jersey
Employees who are subject to age discrimination in the job application process or while working for an employer may be entitled to a variety of remedies, including but not limited to the following:
- Reinstatement to the job, along with other types of injunctive relief;
- Back pay for wages the employee would have earned if she or he had not been terminated or had not been denied a promotion, for example;
- Compensatory damages to compensate an employee for emotional distress associated with age discrimination;
- Punitive damages in certain circumstances;
- Attorneys’ fees; and
- Court costs.
How Do I File an Age Discrimination Claim in Hackensack?
To find out more about filing an age discrimination claim in Hackensack, you should work with an employment discrimination lawyer in New Jersey who can help you to determine whether you should be filing a claim under state or federal law, and can assist you with the claims process from start to finish.
Contact Our Hackensack Age Discrimination Attorneys
If you have faced any kind of age discrimination in the workplace, it is essential to get in touch with one of our Hackensack age discrimination lawyers who can assess your case and discuss your options with you for filing a claim. Age discrimination is unlawful under state and federal law, and our firm can clarify whether laws prohibiting age discrimination apply to your case and what remedies you may be eligible to receive if you file a claim. Contact Zatuchni & Associates today for more information.