Get The Support Of New Jersey/New York Age Discrimination Attorneys

New York City and New York State Human Rights Laws, as well as New Jersey’s Law Against Discrimination, prohibit employment discrimination based on age. Unlike the Age Discrimination in Employment Act, these laws apply to individuals age 18 and older (not just those 40 and older). In addition, these laws make it easier to prove age discrimination than their federal counterpart.

No one should feel like their age is a valid reason to be harassed by their management or colleagues at work. If you are a victim of age discrimination, you need to be aware of your legal rights as an employee. Here are common questions about this workplace issue that our attorneys regularly answer for our clients.

What is age discrimination in the workplace?

This act of discrimination occurs when an employer treats an applicant or worker unfavorably because of age. In practice, this can show up in many ways. For example, an older worker may be passed over for promotion, denied training opportunities, targeted for layoffs or subjected to comments that suggest they are “too old” for the job. Age discrimination can also occur during hiring, when employers favor younger candidates based on assumptions about energy, adaptability, technology skills or long-term potential rather than actual qualifications.

What federal law protects employees from age discrimination?

The primary federal law that protects employees from age discrimination is the Age Discrimination in Employment Act of 1967 or the “ADEA.” Congress enacted the ADEA to promote fair treatment in the workplace and to make decisions based on ability and performance, not age. The law prohibits employers from making employment decisions on the basis of age in areas such as hiring, firing, compensation, benefits, job assignments and promotions.

Who is protected under the Age Discrimination in Employment Act (ADEA)?

The ADEA protects employees who are 40 years old or older. If you are younger than 40 and believe you are being discriminated against in the workplace because of your age, the ADEA will not apply to your case. This is because the statute is designed specifically to protect older individuals in employment settings.

Does the ADEA apply to all employers?

The ADEA does not apply to every employer. In general, it applies to private employers with 20 or more employees, as well as employment agencies and labor organizations that meet the law’s requirements. It also applies to federal, state and local government employers. Smaller private employers with fewer than 20 employees are generally not covered by the ADEA, although other federal, state or local laws may still apply depending on the circumstances.

Can I file an age discrimination claim in New York if I am under 40 years old?

Yes, you can. In New York, you may be able to pursue an age discrimination claim even if you are under 40 years old, depending on the facts of the case. Under the federal ADEA, protection generally begins at age 40. However, New York State and New York City laws are broader and protect employees of all ages from workplace discrimination.

Whether a claim is available will depend on the specific facts, the employer and the applicable law. In addition, workplace conduct that is not technically covered by the age discrimination statute may still be unlawful if it is tied to another protected characteristic or otherwise violates employment laws.

What are common examples of age discrimination at work?

Common examples of age discrimination at work include being denied promotions, raises, training or assignments because of age; being excluded from important meetings or opportunities; receiving remarks about being “too old” or “too old-fashioned”; being pushed toward retirement; or being targeted for layoffs based on assumptions that older workers are less adaptable or less able to learn new systems. Age discrimination may also appear in performance reviews and restructuring decisions.

Is it age discrimination if my employer replaces me with a younger worker?

An employer’s decision to replace an employee with a younger worker can be evidence of age discrimination, but it does not automatically prove it. Courts and agencies look at the surrounding circumstances. The key question is whether “your age” was a motivating factor in the employment decision.

For instance, if your employer can show a legitimate, nondiscriminatory reason for the replacement, such as poor performance or misconduct, the fact that your replacement is younger may not be enough by itself. On the other hand, if the replacement is part of a pattern of treating older workers less favorably, that may support your age discrimination claim.

Can a New Jersey employer legally ask for my age during a job interview?

In New Jersey, employers generally should avoid asking about an applicant’s age during a job interview unless the question is directly related to a lawful purpose, such as jobs involving alcohol or driving. Questions that seek an applicant’s age can create the appearance of discrimination and may violate anti-discrimination principles, especially if they suggest the employer is trying to screen out older workers. The safest approach is for employers to focus on qualifications, experience and ability to perform the job.

What is the difference between age discrimination and a legitimate layoff?

Age discrimination is different from a legitimate layoff because a lawful layoff is based on business reasons, such as downsizing, reorganization, budget cuts or elimination of a position. A legitimate layoff should be supported by objective criteria and applied in a fair, consistent manner. However, age discrimination may be present if the layoff disproportionately affects older employees without a valid business reason or if decision-makers make age-related comments or assumptions.

Can age discrimination happen during the hiring process?

Yes, age discrimination can occur during the hiring process. An employer may show this inappropriate behavior if they refuse to interview “older applicants” or prefer “recent graduates” for a role that does not require that specific background, or make assumptions that an older applicant will not fit the company culture. Hiring discrimination can be subtle, but it is unlawful when age influences the decision.

What is a “Reduction in Force” and how does it relate to age discrimination?

A Reduction in Force (RIF) is a permanent elimination of positions within the organization because of financial cuts, restructuring of the workforce or operational changes. A RIF may become relevant to age discrimination when older workers are disproportionately selected for termination, reassignment or “forced” resignation.

What is the Older Workers Benefit Protection Act?

The Older Workers Benefit Protection Act (OWBPA) is a federal law that amended the ADEA. Its primary purpose is to protect workers age 40 and older in connection with employee benefits and waivers of age discrimination claims. For example, if an employer asks an “older employee” to sign a release of age discrimination claims, the OWBPA requires that the waiver be known and voluntary.

Can my employer offer me fewer benefits because of my age?

As a general rule, employers cannot reduce benefits simply because an employee is older. However, under federal law, certain age-based differences in benefits may be allowed if they are justified by equal cost. For instance, if it costs more to provide some benefits to older workers, an employer may, in some cases, offer a smaller benefit level – as long as the employer is spending an equivalent amount.

What should I do if I believe I am being forced into early retirement?

If you think your employer is pressuring you to retire because of your age, you must take prompt measures that can protect your legal rights, which can include comprehensive documentation of your conversations (with the dates, names and exact comments made); preservation of any emails or chat messages mentioning retirement, replacement or your age; and asking for more time to review your retirement agreement before signing the document.

What evidence do I need to prove an age discrimination claim?

Age discrimination cases often turn on circumstantial evidence, not direct statements. However, the stronger your documentation, the better. Useful evidence may include performance reviews showing you were meeting expectations, comparators showing your younger co-workers were treated more favorably, inconsistent explanations from your employer and emails or memos discussing age-related concerns.

How do I file an age discrimination complaint with the EEOC?

To file a discrimination charge with the Equal Employment Opportunity Commission (EEOC), you need to submit a charge of discrimination online, by mail or in person at an EEOC office. If your state or city has its own fair employment agency, you may also be able to file there, and the charge may be cross-filed with the EEOC.

What is the deadline to file an age discrimination charge with the EEOC?

In most cases, the deadline is 180 days from the date “the discriminatory act” occurred. However, if your state or locality has its own agency that enforces age discrimination laws, the deadline may be extended to 300 days in some situations. This is why it is important to act quickly and consult with a local attorney.

What happens after I file a complaint with the EEOC?

After you file a charge of discrimination with the EEOC, the agency will review it to determine whether it has jurisdiction and whether the claim is timely. The EEOC may then notify your employer and request a response. In some cases, the EEOC also offers mediation early in the process, which can resolve the matter faster. However, if the charge is not resolved through mediation or early settlement, the EEOC may investigate the case.

If the EEOC does not file a lawsuit on your behalf, it will generally issue a “notice of right to sue,” which allows you to bring a private lawsuit in court.

Can I sue my employer directly for age discrimination without going through the EEOC?

The EEOC is responsible for enforcing federal laws that prohibit employers from performing acts of discrimination in the workplace on the basis of color, religion, race, age, sex, national origin, disability or retaliation. However, unlike other discrimination laws, the ADEA does not require you to wait for a “right-to-sue” letter before filing a lawsuit. This means that after you file your complaint with the EEOC, you only need to wait 60 days before you can sue your employer for age discrimination.

What compensation can I recover in a New York age discrimination lawsuit?

The recovery in an age discrimination case in New York will vary depending on the facts and the law under which the claim is brought. A successful plaintiff may seek compensation for back pay, reinstatement to the job or front pay (if reinstatement is not possible), attorney’s fees and court costs and noneconomic damages like emotional distress.

Can my employer retaliate against me for reporting age discrimination?

No. Federal law prohibits any employer from taking adverse action against an employee who opposed unlawful age discrimination, filed an EEOC charge, testified in a proceeding or participated in an investigation. If you believe you have been punished for reporting discrimination, that may give rise to a separate retaliation claim. Since these cases are complex, it is ideal to consult with a knowledgeable lawyer.

What should I do if I am being harassed because of my age at work?

If you are being harassed at work because of your age, you need to document everything. You can do this by keeping notes of dates, times, what was said and who witnessed the conduct. You should also review your employer’s reporting procedures and consider making a formal complaint to HR. This step is vital to stop the acts of harassment and preserve your legal claim.

Can I sign away my right to sue for age discrimination in a severance agreement?

Yes, but only if the waiver is knowing and voluntary. Under the OWBPA, a waiver of an age discrimination claim must meet specific legal requirements to be enforceable. For example, the agreement must be written in plain language, advise you to consult with a legal representative, provide you with at least 21 days to consider the agreement and contain a seven-day “look-back” period after signing to change your mind. If the agreement does not comply with these requirements, the waiver may be invalid.

How long does an age discrimination case typically take to resolve?

The timeline for age discrimination cases varies widely based on a number of factors. Some cases get resolved in a few months through mediation or settlement. Other cases can take a year or longer, especially if the issue is complex, the employer is not willing to negotiate and the legal processes are involved.