Are you in need of a New Jersey Age Discrimination Lawyer?
If you have been terminated or unable to stay on at your place of employment because of extreme harassment or discriminatory treatment simply because of your age, you have legal recourse and our New Jersey Age Discrimination Lawyers can help. Now, more than ever, with the difficult economy, it’s important that you safeguard your rights to maintain your employment and equitable treatment, opportunities and pay on the job. The experienced New Jersey Age Discrimination Lawyers at Castronovo & McKinney can help you with this vital employment issue.
Age Discrimination in NJ
The Federal Age Discrimination in Employment Act deals with age discrimination for employees and job applicants over the age of 40. Though it does not offer protection for younger workers, New Jersey state law does extend protection to this category of workers. Whether or not the employer who demonstrates the discriminatory behavior is over 40 has no bearing. Employers may not discriminate against individuals over 40 in all stages and aspects of employment, from the application process through ending the work relationship. This includes harassment that creates a hostile work environment.
New Jersey Age Discrimination Law
New Jersey state law, the New Jersey Law Against Discrimination, addresses labor unions and employers with respect to age discrimination. This statute prohibits employers from treating you disproportionately based on your age when considering you for a job, terminating your employment or trying to enforce retirement. This applies to individuals between the age of 18 and 70. There are some jobs however, that are exempt. Age discrimination is also prohibited for a wide range of activities that deal with the terms, conditions and privileges of your ongoing employment.
About Castronovo & McKinney, Employment Attorneys
At Castronovo & McKinney, Employment Attorneys, our team of New Jersey Age Discrimination Lawyers offers you extensive legal resources to pursue a successful claim and the full compensation you deserve. There are legal remedies available for age discrimination under New Jersey law that aren’t available under the ADEA. For example, you may be able to recover compensatory and punitive damages for successful age discrimination claims with the NJ Division of Civil Rights. And there are various avenues you may pursue. Our knowledgeable lawyers know the ins and outs of the system, and we use our considerable skills and experience to help you obtain the most favorable outcome possible.
Common Questions Clients Ask Us About Age Discrimination in NJ
• Is there a minimum or maximum age that qualifies someone for age discrimination?
• Is it age discrimination if my employer replaces me with a younger employee if my job has physical requirements?
• Am I being discriminated against based on my age if I am being forced into retirement because I am over a certain age?
• Is there a time limit to file against an employer for age discrimination?
• What kind of proof do I need for proving age discrimination against my employer?
• Can my employer retaliate against me if I file a claim stating age discrimination against the business?
We can help you protect and defend your legal rights against age discrimination in New Jersey. Call Castronovo and McKinney, LLC today to receive a free consultation or fill out our confidential form to the right to get immediate help.
What is age discrimination in New Jersey?
• Age discrimination in New Jersey is the discrimination of employees between the age of 18 and older old who and older who are discriminated against based on their age for hiring, firing, benefits, or the forcing of the individual into retirement.
If my age discrimination case is successful what types of compensation am I potentially entitled to in New Jersey?
• You could potentially be entitled to post and future wages in addition to compensation for emotional distress you may have suffered due to being discriminated against. We will also seek punitive damages against your employer for the discrimination against you.
What is direct evidence of age discrimination in New Jersey?
• Direct evidence of age discrimination is the provable act, such as if an employer asked an employee when they plan on retiring, and make comments regarding their age and abilities.
What is circumstantial evidence of age discrimination in New Jersey?
• Circumstantial evidence of age discrimination in NJ consists of an evaluation of your coworkers, how they were treated differently than you, the stated reasons for your termination.
What is the ADEA?
• The Federal Age Discrimination in Employment Act deals with age discrimination for employees and job applicants over the age of 40. New Jersey has an additional statute known as The New Jersey Age Discrimination Law that applies to individuals between 18 and 70 years old.
Are there specific New Jersey age discrimination laws that can protect me?
• The New Jersey Law Against Discrimination, prohibits employers from treating you disproportionately based on your age when considering you for a job, terminating your employment or trying to enforce retirement. This applies to individuals above the age of 18.
Who does the ADEA regulations apply to?
• The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and labor organizations, as well as to the federal government.
What are my rights against age discrimination for pre-employment inquiries?
• The ADEA does not specifically prohibit an employer from asking an applicants age or date of birth. However, because such inquiries may deter older workers from applying for employment or may otherwise indicate possible intent to discriminate based on age, requests for age information will be closely scrutinized to make sure that the inquiry was made for a lawful purpose, rather than for a purpose prohibited by the ADEA. If the information is needed for a lawful purpose, it can be obtained after the employee is hired.
Can an employer discriminate against my age under the ADEA if I am over 40 years old?
• Employers must not discriminate on the basis of age at any stage of the employment process against anyone 40 years of age or older.
Can an employer age discriminate in advertisements of job postings under the ADEA?
• Employers are prohibited from discriminating based on age in advertisements for available positions, the application process or interviews. Ads may include age limitations only if age is a bona fide occupational qualification (BFOQ) based on business necessity; this is a very narrow exception.
If my employer is downsizing their business can they age discriminate against older employees under the ADEA?
• Employers must not discriminate against older workers when reducing the size of their staffs.
Can my employer force me into early retirement based on my age under the ADEA?
• Employers may not force their employees to take early retirement, but they may offer early retirement incentive packages.
If I file an age discrimination claim against my employer can I be retaliated against under the ADEA?
• Workers who take action under the ADEA cannot be retaliated against for filing, testifying about or participating in a claim against an employer.
Can my employer deny me or reduce my benefits based on my age under the ADEA?
• Under the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, an employer typically may not reduce or deny benefits for older employees. In certain situations, however, benefits for older workers may be reduced if the reduction renders the cost of benefits for older workers equal to the cost of benefits for younger workers.
Can I waive my age discrimination rights under the ADEA?
• An employee may waive his or her rights under the ADEA at the request of an employer in exchange for a severance package or other consideration. The ADEA sets out specific standards that must be met before a waiver of rights can be considered knowing and voluntary.
What must be included in a valid ADEA waiver?
• Be in writing
• Be understandable
• Specifically refer to the employee’s ADEA rights or claims
• Not waive any potential future rights or claims
• Advise the employee to speak with an attorney before signing the waiver
• Provide the employee at least 21 days to think about the waiver and at least seven days to revoke the wavier after signing it
If you have been subjected to unfair and unlawful treatment on the job because of your age, come to the Morristown, New Jersey law office of Castronovo and McKinney. Our experienced NJ Age Discrimination lawyers are committed to ensuring you receive the best possible representation to obtain the justice you deserve. Call 973.920.7888 today.