Age discrimination occurs when an employee is unfairly treated because of their age. This unfair treatment may lead to fewer opportunities for an otherwise qualified employee just because of their age. It is difficult to ascertain if an employer is practicing age discrimination. According to the AARP, 72 percent of women and 57 percent of men are victims of age discrimination in the workplace. Age discrimination in the workplace is illegal and victims are encouraged to contact an employment lawyer.
When Does Age Discrimination Occur?
It is important to note that age discrimination can occur at any stage of one’s employment and is not solely limited to hiring. Age discrimination can also occur while one is employed, and it can have harmful financial and emotional effects on a victim. Age discrimination is protected under the Age Discrimination in Employment Act (ADEA). Those who fall victim to it in the workplace are eligible to take legal action against employers who discriminate. However, one should note that while age discrimination can happen to any age group, only those over age 40 are protected by the ADEA. Common examples of age discrimination include:
- A qualified employee being looked over for promotions or special projects
- An employer or manager making assumptions on skill because of age
- The company only hires younger people
- An older employee is encouraged to retire
- A qualified older job applicant is overlooked for a position
- Receiving unfair punishment from an employer or manager
- Receiving derogatory comments related to one’s age
Am I a Victim of Age Discrimination?
Age discrimination can make an employee feel undervalued or less important than their co-workers. It can also prevent them from reaching their potential because of missed opportunities. While age discrimination is harmful for a healthy work environment, it is often difficult to prove. Therefore, those who suspect that they are the victim of age discrimination are encouraged to first discuss their thoughts with their human resources representative. Doing this can help remedy the incident before turning it into a legal matter. However, many individuals may find that their employer will not take responsibility for their discriminatory behavior. In these situations, it is best that the victim takes legal action to hold the employer accountable.
Age discrimination violates the ADEA and discrimination victims should contact a lawyer to seek compensation for the incident. A lawyer will help the victim collect evidence of the incident, find reliable witnesses, and help counsel the victim. Age discrimination cases are often difficult to prove, so, victims should hire a lawyer to help improve their chances of prevailing in the case. Once the evidence is collected, a victim, along with their lawyer, can file a charge under the New Jersey Law Against Discrimination (NJLAD) with the New Jersey Division on Civil Rights.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Help Age Discrimination Victims in the Workplace
If you are the victim of age discrimination in the workplace, contact a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC. Our lawyers understand the harmful financial and emotional effects of age discrimination. We work tirelessly to help victims of age discrimination obtain the compensation that they deserve. Contact us online or call 856-235-7075 for a free consultation. Located in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients throughout South Jersey, including Cherry Hill, Burlington County, and Camden County.