Hamilton Township Age Discrimination Attorney
Age discrimination is beginning to garner more attention in the media, but workers in New Jersey continue to be discriminated against on the basis of age. If you have been treated unfairly by an employer because of your age, turn to Castronovo & McKinney, LLC.
Our experienced employment law attorneys are here to protect your right to earn a living regardless of your age. Well-versed in the applicable state and federal laws that protect employees from age discrimination, we know how to hold employers accountable for illegally making employment decisions on the basis of age. Above all, we will always work in your best interests and help you achieve a positive outcome, whether through negotiation or litigation.
Whether you have been denied an employment opportunity or have been fired because of your age, you need the informed representation we provide. Contact our Morristown or Manhattan office today for a consultation.
Protecting Hamilton Township Workers Against Age Discrimination
Both federal and state laws prohibit age-based employment discrimination. The federal Age Discrimination in Employment Act (ADEA) bars employers with at least 20 employees from discriminating against individuals aged 40 or older in any aspect of employment, including hiring, firing, pay, promotions, training, and layoffs. The ADEA was amended in 1990 by the Older Workers Benefits Protection Act, offering further safeguards for older employees regarding employment benefits.
In New Jersey, the state’s Law Against Discrimination (LAD) extends to all employers, regardless of size, but only covers individuals aged 18 to 70. Therefore, employers may legally decline to hire individuals under 18 or over 70 due to age. However, employers must still adhere to the ADEA and cannot treat older employees less favorably than others in any employment terms or conditions.
Both the LAD and federal law prohibit age-based discrimination in various employment actions, such as refusal to hire, termination, forced retirement, denial of promotion or training, and differential treatment. Additionally, harassment based on age, whether by supervisors, coworkers, clients, or customers, constitutes unlawful discrimination. For harassment to be illegal, it must be severe or pervasive enough to create a hostile work environment or result in adverse employment consequences.
Identifying Age Discrimination in Hamilton Township
Age discrimination primarily affects older workers and can manifest in various ways, including:
Preferring younger candidates during hiring processes Implementing layoffs that disproportionately affect older employees Withholding training, bonuses, or other perks from older workers Segregating older employees from their younger counterparts Excluding older workers from company meetings and events Pressuring older workers into retirement, with few exceptions In essence, employment practices that adversely impact individuals aged 40 or older, without explicit discrimination, may still be unlawful if not based on a reasonable factor unrelated to age.
However, proving that such actions stem from age-based motives, rather than other factors, poses significant challenges. Employers often cloak discriminatory intentions within broader employment decisions, making detection difficult. Given these complexities, seeking guidance from a seasoned employment discrimination attorney is advisable.
Example of Age Discrimination
One good example of age discrimination in the workplace occurred when Robert Braden was fired due to a “reduction in force” at his workplace. The National Law Review points out that a “reduction in force”—when the employee is terminated because the position itself is terminated—is how most cases of age discrimination present themselves.
Despite the claim by his employer that there was a “lack of work” for his position which resulted in the termination of his employment, Braden claimed someone else was hired for his position less than a year after he was fired, the National Law Review writes. The Review added that this is a common claim in reduction-in-force age discrimination cases.
How Castronovo & McKinney Can Help
When you engage with our team, we’ll clarify your rights and assess the validity of your age discrimination case. We acknowledge your apprehensions about confronting your employer and pledge to offer reliable guidance and support. While we prioritize resolving age discrimination issues through settlements, our trial lawyers are adept at handling cases in state courts if necessary.
Our legal experts not only advocate for individuals facing age discrimination but also assist businesses in implementing anti-discriminatory protocols. Our paramount goal is to ensure equitable treatment for all workers, irrespective of age, and to foster discrimination-free workplaces.
Contact Our Experienced New Jersey Age Discrimination Attorneys
In today’s workplace, it’s crucial for both younger and older employees to feel valued, yet age discrimination remains prevalent. At Castronovo & McKinney, we boast a track record of effectively resolving age discrimination disputes, whether through negotiation or litigation. Count on our legal team to tirelessly advocate for your rights and interests. Reach out to us today to kickstart your case.
Castronovo & McKinney, LLC serves clients across New Jersey, including Bergen, Essex, Middlesex, and Morris Counties, along with cities like Hackensack, Newark, New Brunswick, and Morristown, assisting them with age discrimination claims.