Mount Laurel Age Discrimination Attorneys

Some employers assume that an aging worker is less able or less adaptable. The job or promotion goes to a younger, less qualified person. There seems to be a different set of standards and perks for co-workers half one’s age. After years of faithful service, a poor performance review leads to a pink slip.

Sometimes, employers use “codes” for expressing a sentiment against older workers, using phrases like “going in a new direction” or “going for a more youthful look” or “you’re slowing down.” They ask about when you plan to retire, and the next thing you know, they’ve “retired” you before you’re ready.

Under state and federal law, adverse employment action based on a person’s age is illegal. The law firm of Costello, Mains & Silverman, LLC, represents workers in South Jersey and statewide New Jersey in age discrimination litigation. We will assert your rights and hold your employer accountable for the personal and financial harm that this bias has caused you.

Age-Related Discrimination In The Workplace

The New Jersey Law Against Discrimination and the federal Age Discrimination in Employment Act (ADEA) prohibit employers from favoring younger workers or using a person’s age against him or her in any facet of employment:

• Age limits or preferences in job postings
• Age bias in hiring practices
• Unequal pay or denial of benefits
• Denial of advancement
• Job assignments
• Disciplinary actions
• Layoffs or termination

Employers cannot discriminate against an older worker on the premise that a person is physically slowing down, out of touch with technology or otherwise “too old.” Only under limited circumstances, such as early retirement incentive programs, can employers ask workers to waive their ADEA rights.

Age discrimination is often paralleled by age harassment. In addition to adverse employment actions, an older worker may be ostracized or subjected to age-related jokes, demeaning comments or other offensive behaviors that create a hostile work environment. We pursue both discrimination and harassment claims, as well as lawsuits for employer retaliation for filing a complaint of age discrimination.

What Steps Should You Take At Your Workplace If You Notice Age Discrimination?

If you believe you are experiencing age discrimination in your workplace, the most important thing is to take immediate and appropriate action. Here are the following steps you should take:

• Document the instances of discrimination, including dates, times, locations, people involved and specifics of what was said or done.
• Review your company’s policies on discrimination and grievance procedures, often found in the employee handbook or on the company’s intranet. These documents outline the steps you should take to report discrimination internally.
• Seek support from colleagues who may have witnessed the discriminatory behavior. They can provide additional evidence or support your claims.

If internal measures do not resolve the issue or if you feel uncomfortable reporting the discrimination within your company, you may need to seek external assistance. An age discrimination lawyer can offer you a better understanding of your rights and the strength of your case.

Is There A Limit To When You Can File An Age Discrimination Claim?

Under federal law, you have 180 days from the date of the discriminatory act to file a charge with the Equal Employment Opportunity Commission (EEOC).

Mount Laurel has its own antidiscrimination law – the New Jersey Law Against Discrimination (NJLAD). It provides broader protections than federal law. Under NJLAD, you have up to two years from the date of the discriminatory act to file a claim in state court. This extended period allows more time to prepare your case than the federal time frame.

It is necessary to adhere to these deadlines, as failing to file within the required period can result in losing the right to pursue your claim.

If you decide to pursue your claim through the EEOC, they will investigate the complaint and attempt to mediate a resolution. If the EEOC determines there is cause to believe discrimination occurred, they may file a lawsuit on your behalf. Alternatively, the EEOC may issue a “right to sue” letter, allowing you to file a lawsuit in federal court within 90 days with the help of an age discrimination attorney.

Burlington County Reverse Age Discrimination Lawyers

New Jersey law also recognizes reverse discrimination – bias against an otherwise qualified candidate or employee because he or she is perceived as “too young” for the job. We have handled cases on both ends of the age discrimination spectrum.

If you are over the age of 40 and believe that you were denied employment or treated unfairly by your employer because of your age, the Mount Laurel age discrimination lawyers of Costello, Mains & Silverman, LLC will advocate for you under state or federal claims. Costello, Mains & Silverman, LLC is certified as a civil trial attorney by the New Jersey Supreme Court and has practiced in employment law for nearly 30 years. He can explain your rights and your legal options, and how to document the discriminatory actions.

Our attorneys offer a free case evaluation. Please call Costello, Mains & Silverman, LLC today at 866-944-3371 (toll-free) or contact us online to arrange a confidential consultation.