Age Discrimination

Age Discrimination at Work Violates the New York and New Jersey Law

If you work in New Jersey or New York, then under both state and federal law it is illegal for your company to make employment decisions based on your age. As the workforce is gradually getting older, age discrimination is becoming far too common. Whether you have been fired, demoted, passed up for a promotion or experienced another form of discrimination because of your age, the employment law experts at Rabner Allcorn Baumgart & Ben-Asher can help. Please feel free to call us in New Jersey at (973) 744-4000, or contact us online for more information.

Proving Age Discrimination

Sometimes age discrimination can be obvious, such as if your boss tells you the employer is looking for “new blood,” is trying to promote a “younger workforce,” calls you derogatory names like “old man” or “dinosaur” or tells you that you are “too old” for the job. Other times it can be much more subtle, such as when your employer slowly eliminates older workers, implements a plan to have a “more energetic” workforce, stops providing more experienced employees training on new technology or opportunities for advancement or is overly critical of older employees on their performance reviews. Similarly, age discrimination can occur if your boss decides to eliminate your job because of his or her bias or assumptions about older employees.

The employment lawyers at Rabner Allcorn Baumgart & Ben-Asher are experienced at identifying age discrimination in the workplace. We negotiate, litigate and mediate age discrimination cases in state and federal courts in New Jersey and New York.

Harassment Because of Age

In addition to prohibiting age discrimination, New Jersey and New York law also prohibit employers from harassing employees based on their age. Harassment often includes ageist comments and inappropriate jokes or perpetuating stereotypes about older workers. It also can include refusing to provide training opportunities or making job assignments based on assumptions that certain work is more appropriate for younger employees. In fact, harassment due to age can include a whole host of negative conduct and behavior targeted at someone based on their age. Harassment is legally actionable if it is severe or occurs frequently enough to interfere with your ability to do your job.

Discrimination Against the Young: Reverse Age Discrimination

Typically, employers that discriminate based on age favor younger employees over older workers. However, in both New Jersey and New York, as long as you are at least 18 years old it also is illegal for your employer to discriminate against you because it considers you to be too young. In other words, New Jersey and New York both prohibit reverse age discrimination.

Contact Rabner Allcorn Baumgart & Ben-Asher

Our attorneys have handled numerous age discrimination claims on behalf of employees in New Jersey and New York. If you would like to schedule an initial consultation with our law firm, we welcome you to call us at (973) 744-4000. We will review your case carefully, explain your legal rights, and help you come up with the best strategy to enforce your legal rights.