What Is the Age Discrimination in Employment Act?

The seasoned professional brings wisdom garnered over the years, yet they may find themselves on the precarious edge of age discrimination. This discriminatory practice is not only unethical but also illegal under federal law. Enter the Age Discrimination in Employment Act (ADEA), a critical piece of legislation that is the bulwark against such biases.

The ADEA is a federal statute prohibiting employment discrimination against individuals 40 or older. It is imperative to understand that this act does not extend its protections arbitrarily; it explicitly targets practices that discriminate based on age and nothing else.

Under the ADEA, it is unlawful for employers to exhibit prejudice in any aspect of employment, including hiring, firing, promotions, layoff, compensation, benefits, job assignments, and training. It also forbids retaliation against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge.

The ADEA applies to employers with 20 or more employees, including state and local governments, employment agencies, and labor organizations. However, it does not shield elected officials, independent contractors, or military personnel. There are situations where age may be considered a bona fide occupational qualification necessary for the operation of the business.

The Equal Employment Opportunity Commission (EEOC) enforces the ADEA. Individuals who believe they have been discriminated against must file a charge with the EEOC before taking their case to court. There are strict time limits for filing these charges, typically within 180 days of the alleged discrimination.

If you have availed yourself of rights under the ADEA or assisted in exercising those rights, the law guards you against reprisal from your employer.

What This Means for New Jersey Workers?

New Jersey workers must recognize that the ADEA provides federal protection against age discrimination. The Garden State fortifies this defense with its laws, like the New Jersey Law Against Discrimination (NJLAD), which may offer additional safeguards.

For those navigating the competitive landscape of employment, understanding the ADEA is paramount. It empowers you by delineating clear boundaries for employers and outlines a path for legal remedy should those boundaries be crossed.

Should the court find in favor of the plaintiff in an ADEA case, the remedies may include:

  • Reinstatement to the previous job position.
  • Recovery of lost wages.
  • Payment of legal fees.

A South Jersey Age Discrimination Lawyer at The Law Offices of Leo B. Dubler, III, LLC Will Help You Understand Your Workplace Rights

If you suspect you are being discriminated against due to your age, it is crucial to act promptly. At The Law Offices of Leo B. Dubler, III, LLC, our experience lies in navigating the complexities of employment law. We understand the nuances of the ADEA and NJLAD and stand ready to assess your situation with precision. Speak with a South Jersey age discrimination lawyer today. Call us at 856-235-7075 or complete our online form to schedule your free consultation. With offices in Mount Laurel and Atlantic City, New Jersey, we proudly serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.