Age discrimination involves treating someone (an applicant or employee) less favorably because of his age. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. The Federal Age Discrimination in Employment Act protects employees is 40 and older. Unlike the Federal ADEA, the New Jersey Law Against Discrimination’s prohibition of age discrimination begins at age 18. The NJLAD does not protect minors from discrimination. Despite the extension of protection to employees age 18 and older, the legislature has noted the difficulty person age 40 and older face with respect to employment opportunities. The NJLAD does not prohibit the refusal to hire or promote any person over age 70, but employees over each 70 may not be terminated simply because of their “advanced age.” Subject to certain exceptions, mandatory retirement on the basis of age is prohibited. It is impermissible to deny employee to an older person because “a younger person would be able to produce more for the employer in the future.”
It is unlawful to harass a person because of his or her age. Harassment can include, for example, offensive remarks about a person’s age. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.
If you feel that you are the victim of age discrimination or age-based harassment contact and experienced employment lawyer at Kurkowski Law today.