Employees have the right to work in an environment free of discrimination and harassment. When that harassment or discrimination is based on age or another protected class, an employee is entitled to exercise their rights. New Jersey law makes it unlawful to discriminate based on age under several different employment-related circumstances. If you are the victim of age discrimination, you have a lot to consider about the future. Laws have been employed to protect victims of discrimination and offers them guidelines to effectively hold offenders accountable for their actions.
The New Jersey Law Against Discrimination (NJ LAD) prohibits age discrimination by employers, labor unions, and parties engaged in business transactions. Age discrimination does not only apply when an older individual is treated differently due to age. A younger individual can also be discriminated against when he or she is treated differently due to age. The NJ LAD protected employees between the ages of 18 and 70. In an employment setting, an employer is prohibited from:
There are, however, several exceptions where an employer can use age when making a decision related to the terms of a worker’s employment. An employer is allowed to refuse to hire people under 18 and not promote an employee who is over 70. It is important to note that an employee over 70 cannot be fired or forced to retire because of age. Another exception to note is when a job’s age is restricted by law, such as a law enforcement officer or firefighter. These types of jobs usually have a mandatory retirement age attached as well.
There are various remedies and relief may be available, such as money payment, interest, economic reimbursement, job reinstatement, payment of your attorney’s fees, damages for pain and emotional distress, and fees plus expenses associated with pursuing the remedy. In certain cases, you might be entitled to punitive damages. Under the New Jersey Law Against Discrimination, a victim has the right to file a complaint through the Division of Civil Rights (DCR).
In order to prove discrimination under the LAD, a plaintiff must first establish a prima facie case of discrimination. In other words, the employee must show evidence that the employer has discriminated against him or her due to age. Circumstantial evidence may be used to develop a discrimination claim. The employer will be given the opportunity to dispute your evidence. The employer must show that there is a legitimate, non-discriminatory reason for their questioned action. If the employer is able to successfully rebut your discrimination claim, then you must show that the employer’s proof is only a “pretext” or false for its conduct and that the underlying motivation was discriminatory.
The Mark Law Firm, LLC has served the people of New Jersey with quality legal representation for over 15 years. Our attorneys are passionate about the law and we are committed to our clients’ justice. If you have been discrimination against because of your age, you need to protect your rights. You may have a limited time to bring the offenders to justice. You should contact our firm immediately. You have the law on your side and The Mark Law Firm, LLC is ready to assess your case and guide you through your options. We will diligently represent your interests and work to hold those offenders accountable. If you need our legal services, contact The Mark Law Firm, LLC today.