Age discrimination in the workplace is an unfortunate reality for many employees, particularly in a rapidly evolving job market. As businesses prioritize technological proficiency and innovation, older workers often face unwarranted biases that can limit their opportunities and career growth. In New Jersey, state and federal laws exist to protect employees from such practices. However, recognizing and addressing age discrimination remains a challenge for many workers and employers alike.

This article outlines how to identify age bias, the legal protections available in New Jersey, and actionable steps to combat workplace age discrimination.

Understanding Age Discrimination

Age discrimination happens when an employee or job applicant is treated unfairly due to their age. Under the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate against individuals aged 40 and older in hiring, firing, promotions, compensation, and other terms of employment. Similarly, New Jersey's Law Against Discrimination (LAD) provides comprehensive protections for workers against age-based biases.

Key Examples of Age Discrimination:

• Hiring Practices: Favoring younger candidates despite equal qualifications.
• Promotion Denials: Skipping over older employees for leadership roles.
• Layoffs: Targeting older workers disproportionately during restructuring.
• Derogatory Comments: Making dismissive remarks about an employee's age or abilities.
• Workplace Policies: Implementing rules that disadvantage older employees, such as mandatory retirement.

While age discrimination can be subtle, its impact can be devastating, leading to emotional distress, financial instability, and loss of professional confidence.

Age Discrimination in New Jersey: What the Law Says

New Jersey stands out as one of the most progressive states in the fight against workplace discrimination. The New Jersey Law Against Discrimination extends protections beyond federal laws like the ADEA, prohibiting discrimination based on age for workers of any age, not just those over 40.

Key Features of New Jersey's LAD:

Broader Scope: 

Applies to workplaces of all sizes, unlike the ADEA, which is limited to employers with 20 or more employees.

Retirement Protections: 

Prohibits mandatory retirement policies except in specific industries (e.g., law enforcement).

Damages: 

Allows victims to recover lost wages, emotional distress damages, and punitive damages.

Statistics show that 61% of workers aged 45 and older have witnessed or experienced age discrimination at work, according to a 2021 AARP survey. This showcases the importance of legal protections and education about employee rights.

How to Recognize Age Discrimination

Employees often struggle to identify age discrimination because it can be subtle or disguised as performance-based feedback. Here are some warning signs to watch for:

• Changes in Responsibilities: Sudden reassignment of duties to younger colleagues.
• Performance Reviews: Unsubstantiated criticisms after reaching a certain age.
• Isolation: Being excluded from meetings or decision-making processes.
• Job Advertisements: Phrases like "digital native" or "recent graduate" can indicate age bias.

If you notice any of these signs, document the incidents with dates, times, and any witnesses. A clear record can be critical if you decide to file a complaint or lawsuit.

Steps to Combat Age Discrimination

1. Understand Your Rights

Educate yourself about federal and state laws protecting against age discrimination. In New Jersey, employees can file complaints with the New Jersey Division on Civil Rights (DCR) or pursue legal action through an employment attorney.

2. Speak Up

Voice your concerns directly with your supervisor or human resources department. Many employers are unaware of age biases within their policies or culture and may take corrective action when issues are brought to their attention.

3. File a Complaint

If internal efforts fail, file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or the DCR. Both agencies investigate claims and may mediate a resolution or pursue legal remedies on your behalf.

4. Seek Legal Help

Consulting an experienced employment lawyer can strengthen your case. They will walk you through the process of filing a claim, gathering evidence, and negotiating a settlement.

5. Advocate for Policy Changes

Encourage your employer to adopt age-diverse hiring practices, training programs to combat bias, and mentorship initiatives that bridge generational gaps.

Preventing Age Discrimination: Employer Responsibilities

Employers play a major role in fostering an inclusive workplace. By implementing proactive measures, they can prevent age discrimination and support employees across all age groups.

Best Practices for Employers:

• Review Job Postings: Avoid age-specific language like "young and energetic."
• Training Programs: Conduct workshops to address unconscious bias.
• Flexible Work Policies: Offer accommodations like remote work or reduced hours for older employees.
• Mentorship Opportunities: Pair younger and older employees to exchange skills and perspectives.

A 2020 report by Deloitte found that organizations with age-diverse workforces experienced improved productivity, innovation, and employee satisfaction. Embracing diversity isn't just the right thing to do but it's also good for business.

Conclusion

Age discrimination is not only unethical but also illegal under New Jersey law. Employees who face age bias have the right to seek justice, while employers must take steps to prevent discriminatory practices. By recognizing the signs of age discrimination, understanding your rights, and taking appropriate action, you can help build a workplace that values experience and skill over stereotypes.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey Employment Law can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.