Facing Age Discrimination at Workplace in New Jersey

Age discrimination cases have skyrocketed in recent years as the economy has deteriorated. This is partly because many financially troubled businesses have resorted to massive layoffs of more seasoned employees who want better benefits and pay in favor of new hires who would labor for what is known as “slave” rates as explained by Sattiraju & Tharney. Finding similar employment after being laid off or pushed into an early retirement, however, may be extremely challenging for older workers. In this article, we shall discuss about the age discrimination workers face in New Jersey. 

Some people believe that they must put up with discrimination against them due to their age. They might not be aware that the Age Discrimination in Employment Act (ADEA) of the federal government and state laws of New Jersey expressly forbid employers from harassing or discriminating against employees based only on their age. Every facet of work is covered by these anti-discrimination regulations, including the application process, promotions, merit raises, and retirement.

Proving Age Discrimination

Age discrimination can occasionally be overt. For example, your supervisor may refer to you as an “old man,” tell you the firm is searching for “new blood,” or attempt to promote a “younger workforce.”

At other times, it can be much more subdued. For example, when your employer gradually fires older employees, starts a plan to have a “more energetic” workforce, stops giving more experienced employees opportunities for advancement or new technology, or becomes unduly critical of older employees in performance reviews. Comparably, age discrimination might happen if your supervisor decides to fire you due to bias or preconceived notions about senior staff.

You must provide evidence that discrimination is taking place at your New Jersey place of employment. Direct evidence, such as audio or video recordings of a boss or colleague engaging in harassing or discriminating behavior, can have a significant influence on the court or jury that may hear the case in the end. You  may provide further proof if you have the following: 

  • Hand-written notes describing the discrimination
  • Company or department organization charts showing that younger or less-experienced workers were consistently promoted above an equally performing older worker
  • Copies of emails, memos, notes, jokes or posters detailing some form of harassment or bias
  • Statements from co-workers who witnessed incidents of harassment or discrimination
  • Evidence that the worker being discriminated against was left out of company events

If you face such discrimination, you should know that you have the legal right to be free from discrimination at work.