Age Discrimination Lawyer in NYC & NJ

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Protect Your Rights with a NYC & NJ Age Discrimination Attorney

Employers are prohibited from using a person’s age as a determining factor in various aspects of employment, such as hiring, job terms, promotions, demotions, disciplinary actions, accommodation refusals, and termination, among others. State laws in New York and New Jersey safeguard individuals over the age of 18 from age discrimination, while federal law protects those aged 40 and above. State laws often provide more extensive protection compared to federal regulations in cases of age discrimination.

Proving age discrimination can be challenging as it may lack explicit age-related remarks or documented evidence. Nevertheless, in the absence of direct proof, employees can present indirect evidence of discriminatory actions taken against them in the workplace.

According to the U.S. Equal Employment Opportunity Commission (EEOC), age discrimination entails treating an applicant or employee less favorably due to their age. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination against individuals aged 40 or older, without safeguarding those below this age threshold, although some states have provisions protecting younger workers from age-based discrimination. Notably, it is not unlawful for an employer to favor an older worker over a younger one, even if both are over 40 years old.

Discriminatory practices can manifest during various work-related situations, including hiring, firing, compensation, job assignments, promotions, layoffs, training, benefits, and any other employment terms or conditions. Harassment based on age is also illegal and can include offensive or derogatory remarks about an individual’s age. Although simple teasing or isolated incidents may not be unlawful, harassment becomes illegal when it creates a hostile work environment or results in adverse employment decisions.

Employment policies or practices that affect everyone, regardless of age, can be considered illegal if they disproportionately impact individuals aged 40 or older and are not based on a reasonable factor other than age (RFOA).

In cases of employment discrimination, direct evidence may include discriminatory comments made by supervisors through various mediums like emails, recorded phone messages, texts, or social media posts. However, in the absence of direct evidence, a plaintiff can still present a case to a jury by providing circumstantial evidence indicating that their termination was likely motivated by discrimination.

In the context of New Jersey law, an LAD claim is analyzed based on the burden-shifting framework established in McDonnell Douglas Corp. v. Green, which involves demonstrating a prima facie case of discrimination. If this is established, a presumption is created that the employer unlawfully discriminated against the employee. The burden then shifts to the employer to provide a legitimate, non-discriminatory reason for their actions, and if successful, the burden returns to the plaintiff to show that the employer’s stated reason is not credible or that discriminatory motives likely played a role.

Overall, age discrimination cases can be challenging, as employers can often provide legitimate non-discriminatory reasons for their actions. However, sufficient evidence indicating potential discrepancies in the employer’s actions or prior discriminatory treatment may increase the chances of success in such cases.

If you require the assistance of a proficient age discrimination attorney for your claim, please refer to the following case types: