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Fired or Not Hired Because of Your Age?
Age discrimination remains a pressing issue in New Jersey, with many workers facing unfair treatment due to their age. If you’re experiencing age-based discrimination, Castronovo & McKinney, LLC is prepared to assist.
Our team of employment law attorneys specializes in age discrimination cases, ensuring your right to work is protected regardless of age. We have a deep understanding of both state and federal laws that safeguard against age discrimination and are adept at holding employers accountable for unlawful age-based employment decisions.
Our approach is straightforward and client-focused. We aim for the best possible outcome, employing negotiation or litigation as needed. Whether you’ve been unjustly denied a job opportunity or have been terminated because of your age, our skilled representation is designed to defend your rights and interests effectively.
For those impacted by age discrimination in the workplace, reach out to our Morristown or Manhattan offices for a consultation to explore your legal options.
Legal Framework Against Age Discrimination in New Jersey
In New Jersey, federal and state laws strictly prohibit age discrimination in the workplace. The Age Discrimination in Employment Act (ADEA) forbids employers with 20 or more employees from discriminating against individuals 40 years of age or older in any employment aspect, including hiring, firing, salary, promotions, training, and layoffs. The Older Workers Benefits Protection Act, an amendment to the ADEA in 1990, further strengthens protections, particularly concerning employment benefits for older workers.
The New Jersey Law Against Discrimination (LAD) extends these protections to all employers, regardless of size, but specifically covers workers aged 18 to 70. This implies that while hiring individuals under 18 or over 70 based on age is permissible under LAD, employers must still adhere to ADEA guidelines for all employees, ensuring no discriminatory treatment in terms of employment conditions.
Prohibited discriminatory actions under these laws include:
- Refusing to hire or firing an individual due to their age.
- Forcing an employee into retirement.
- Denying promotions or training opportunities.
- Any form of less favorable treatment compared to other employees.
Additionally, harassment based on age—such as offensive remarks or behavior that creates a hostile work environment or leads to adverse employment decisions—is illegal under these laws. Harassment must be significant enough to affect employment conditions to be considered unlawful.
These laws collectively work to ensure a fair and equitable workplace where employment decisions are not influenced by age bias, protecting the rights and dignity of older workers.
Recognizing Age Discrimination in New Jersey Workplaces
Age discrimination in New Jersey often affects older employees and can manifest in various forms, such as:
- Preferring younger candidates over older ones during hiring.
- Implementing layoffs that predominantly impact older staff.
- Withholding training, bonuses, or benefits from older employees.
- Segregating older workers from younger colleagues.
- Excluding older staff from meetings and company events.
- Coercing older employees into retirement, except under specific circumstances.
An employment practice is potentially unlawful if it adversely affects employees or applicants aged 40 or older and is not justifiably based on factors other than age.
Proving age discrimination, however, can be challenging. Employers have considerable discretion in employment decisions and may conceal discriminatory motives. This complexity underscores the importance of consulting with an experienced employment discrimination attorney.
Case Study of Age Discrimination
A notable instance of age discrimination occurred with Robert Braden, who was dismissed due to a “reduction in force” at his company. This term often masks age discrimination, as it implies termination due to the elimination of a position rather than the employee’s age. In Braden’s case, despite his employer’s justification of a “lack of work,” he alleged that his role was filled by a younger employee within a year of his dismissal. Such scenarios are not uncommon in age discrimination claims related to workforce reductions.
How Castronovo & McKinney Offers Expertise in Age Discrimination Cases
At Castronovo & McKinney, our approach begins with a thorough understanding of your situation to assess the viability of an age discrimination claim. We recognize the challenges and concerns in pursuing a claim against your employer and commit to providing reliable guidance throughout the process.
While our preference is to settle age discrimination claims through negotiations, our attorneys are well-prepared and experienced in representing clients in state court if necessary.
Our legal services extend to businesses as well. We assist in defending against age discrimination claims and in developing anti-discriminatory policies and procedures. Our commitment is to foster fair treatment of workers of all ages and help employers maintain discrimination-free workplaces.
Contact Our Skilled New Jersey Age Discrimination Lawyers
Despite efforts to cultivate inclusive environments, age discrimination persists in many workplaces. Castronovo & McKinney has a strong record of effectively resolving age discrimination issues, both in negotiations and in court. We prioritize your best interests and ensure your rights are fully protected. Reach out to us today to discuss your case and take steps towards resolving your age discrimination concerns.