In their efforts to employ younger workers, employers may let go of older, capable workers because of their age. New Jersey’s discrimination law mandates that an employer cannot mistreat or terminate employees for this type of reason. If an employer takes age into account, New Jersey’s discrimination law requires that such employer may be liable for damages.
The age protected class is generally viewed as being 40 years old or older. In this form of discrimination, it is often critical to know who the employer hires after the older employee is fired. If the employer hires a younger worker, it can be proof of discriminatory intent based on age.
An employer is barred from considering the age of its workers when making employment decisions. If an employer treats workers differently because of their age, that employer may be subject to liability under New Jersey’s discrimination law. Examples of age discrimination can include differences in pay or promotion. They can also include differences in the way that employees are evaluated or disciplined. To prove such cases, a victim of age discrimination often must show how younger employees were treated preferentially.
Like employees in other protected classes, older workers are also protected from harassment based on their age. If an employee is subjected to offensive remarks or conduct based on age, an employee can sue based on a hostile work environment. An employee must show that the harassing behavior is severe or pervasive. A single remark that involves offensive language can sometimes be viewed as “severe” enough to create a hostile work environment. The term “pervasive” refers to many remarks or actions over a period of time.
We are NJ age discrimination lawyers. If you would like an initial telephone consultation with a NJ age discrimination lawyer on a potential age discrimination claim, please call (973) 360-1001.