While no one wants to believe they are the victim of age discrimination in the workplace, it is more prevalent than most would like to admit. In 2021, the Equal Employment Opportunity Commission (EEOC) fielded 12,965 complaints related to ageism—and those are just the ones that were reported. A recent survey by SeniorLiving.org reveals that as many as a third of all cases go unreported for fear that nothing will happen if an incident is reported.

So, what does an individual who thinks they are being discriminated against due to age do to protect themselves? In order to make an informed decision on whether to file a complaint, they must first know their rights.

Am I Protected Against Age Discrimination?

Both federal and state laws provide some degree of protection. For instance, the Age Discrimination in Employment Act (ADEA) is a federal measure that prohibits discrimination against workers ages 40 and older. However, it does not protect individuals under age 40. In New Jersey, the New Jersey Law Against Discrimination (LAD) protects workers from being discriminated against by employers and unions for being either older or younger than co-workers. While some exceptions exist, such as those under 18 or over 70, these stipulations continue to evolve and provide additional coverage from the original legislation. For instance, a 2021 amendment now protects employees over the age of 70 in the private sector and says that employees can’t refuse to hire or promote these individuals, nor can they be forced to retire.  

Since most employers are aware of these legal obligations, most do not blatantly cite age as a factor in deciding to hire, fire, or promote certain employees over others. Rather, the reasons are usually more obscure or shrouded in colorful language meant to deter scorned employees from speaking out or filing a complaint. For this reason, it is important to recognize the signs of ageism and stop it before it stops an individual from working. Here are some signs that might indicate age discrimination is creeping into your place of employment:

  • If older employees are being passed over for opportunities even though they are asking to be involved, this could indicate trouble.
  • If higher-ups refer to a shake-up that requires “fresh ideas” instead of those who are “set in their ways,” this could signal a pattern of refusing to consider older individuals believed to be uncooperative on collaborative projects.
  • If an individual is passed over for a younger one because they may not understand the new technology being introduced, this could be an age issue.

What Do You Do if You Suspect Ageism?

First, one must file a complaint with the New Jersey Division on Civil Rights within 180 days of the incident. If an investigation determines there is enough evidence to proceed with a case, a hearing is set, and the division director presides over the matter and makes a ruling. Alternatively, an individual may request to be heard by the New Jersey Superior Court. 

Since most employers will be more creative in implying discrimination than just coming out and admitting it, a case will be primarily circumstantial and rely heavily on conversations that are hopefully overheard by individuals who can serve as witnesses. Additionally, treatment must be severe as opposed to one off-the-cuff comment to be construed as discriminatory. If a ruling is made in favor of the employee, they are potentially entitled to back pay, interest, benefits, damages, and attorney fees. Additionally, an individual may be entitled to return to their position or post previously held prior to filing the complaint.

Those found guilty may also be fined $10,000 for a first violation, $25,000 for a second violation within five years, and up to $50,000 for a third violation and any subsequent violations within seven years.   

Fight Age Discrimination with Help from the Marlton Employment Lawyers at Burnham Douglass

If you believe you are the victim of age discrimination, consult with the Marlton employment lawyers at Burnham Douglass to determine how to proceed. For a free consultation, fill out our online form or call 856-751-5505. Our offices in Marlton and Northfield, New Jersey, proudly serve clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.