Understanding Your Rights: Age Discrimination in the New Jersey Workplace
Age discrimination remains a significant hurdle for many older professionals. According to a series of surveys conducted by the AARP in 2022, a staggering 21% of workers aged 50 and older reported experiencing age-based discrimination since turning 40. For employees in New Jersey, both federal and state laws provide robust protections against such treatment. A recent lawsuit, which resulted in a $115,000 settlement for a New Jersey nurse, underscores how these laws can be used to protect workers’ rights.
The Legal Framework: Federal and State Protections
Enacted by Congress in 1967, the Age Discrimination in Employment Act (“ADEA”) serves as the primary federal protection for older workers. The statute protects employees and job applicants who are 40 years of age or older. Under the ADEA, employers are prohibited from making decisions about hiring, firing, wages, or other terms of employment based on an individual’s age. In New Jersey, the New Jersey Law Against Discrimination (“NJLAD”) offers even broader protections. Unlike its federal counterpart, the NJLAD does not impose a minimum age requirement of 40 for a discrimination claim. This means it protects workers from discrimination based on their age, whether young or old.
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