Simply put, federal and state laws prohibit employees 40 years old or older from being discriminated against in the workplace. This is to say that employers cannot and should not consider an applicant’s or employee’s age when making decisions that directly affect their status in the workplace. For further explanation, please follow along to find out if employers can make age-based decisions legally and how a proficient employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can help you identify and report any unjust behaviors and actions in your workplace.
Can employers make age-based decisions legally in New Jersey?
First of all, you must be clear in your understanding that age is a protected class under any employment law. So, in the same way that employers cannot legally act based on race, color, religion, sex, national origin disability, or genetic information, they cannot make age-based decisions.
Namely, the federal Age Discrimination in Employment Act bars employers from discriminating against employees based on age in any aspect of employment. Such aspects may entail decisions to hire, fire, promote, pay, or give certain benefits to certain applicants and employees. Similarly, the New Jersey Law Against Discrimination also deters employers and labor unions from discriminating against employees based on age in employment and business transactions.
What are examples of unjust age-based decisions in the workplace?
Generally speaking, an age-based decision in the workplace is a judgment that favors or disfavors an employee based on their age. To reiterate, this is considered a discriminatory practice under federal and state laws. More specific examples of such unjust decisions read as follows:
- An employer hires a younger individual with less knowledge and experience rather than an older individual who is more qualified.
- An employer stops providing an older employee with training, new technology, and opportunities for advancement in the company.
- An employer passes up a qualified, older employee eligible for a promotion because they are close to retirement age.
- An employer exclusively lets go of a group of older employees when their company undergoes major layoffs.
- An employer makes indirect comments that tease about an employee’s age (i.e., they are not “tech savvy”).
Any of the examples mentioned above are violations of established federal and state laws. So if you hear, see, or witness any such behaviors or actions, you must immediately report it. First, to your workplace’s Human Resources Department. Then, if more drastic measures need to be taken, the United States Equal Employment Opportunity Commission.
For more information on if and when to pursue legal action, please contact one of the talented New Jersey employment lawyers from The Vigilante Law Firm, P.C. We look forward to hearing from you and later on helping you.
