New Jersey Age Discrimination Cases Increase in 2012 | NJ Labor Law

By Thomas McKinney

Our NJ labor law firm has seen an increase in individuals contacting us regarding potential age discrimination cases in New Jersey.

As the amount of jobs continue to decrease and more job eliminations take place, older workers are finding it more difficult to find employment and have found that they are often times part of the reduction-in-force. Statistics show that a worker over the age of 55 will take three months more to find employment then a similarly qualified worker under the age of 55. This frustration and lack of job prospects leads many potential clients to contact our firm to inquire whether they have a claim for age discrimination based on the Federal or New Jersey law.

Many of our potential clients believe that they should file an age discrimination case under Federal law. However, the Federal law is no longer as favorable as New Jersey’s age discrimination law. The Federal law requires that you demonstrate that that age was the factor in the employment decision. Whereas, New Jersey law only requires that you demonstrate that a motivating factor for the discriminatory action. Therefore, we strongly recommend that any age discrimination case in New Jersey be filed based on the New Jersey Law against discrimination.

If you have any questions or believe you have an age discrimination case, please contact our NJ labor law attorneys for a free consultation and to discuss your rights at 973-920-7888.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.