Age Discrimination
1. What is age discrimination?
Age discrimination refers to the treatment of an individual in a manner different from others based solely or primarily upon the age of that individual. Generally, when the phrase age discrimination is used, it refers to the deprivation of some right or privilege to an older person.
2. Is it legal to discriminate against a person because of his or her age?
Of course not. In most, but not all circumstances, federal or state law prohibits discrimination on the basis of age. There are differences, however, between the federal and state laws.
3. What is the status of federal law on age discriminaton?
The federal law, known as the Age Discrimination in Employment Act (ADEA), is limited to making discrimination unlawful in the employment context. The ADEA makes it unlawful for an employer to refuse to hire an individual or to discharge an individual or discriminate against a person with respect to his or her compensation or other terms and conditions of employment because of that individual’s age.
Additionally, an employer may not classify or segregate employees in any way that would deprive an individual of employment opportunities or would otherwise adversely affect a person’s status as an employee based upon that person’S age. The prohibitions of the federal statute are limited to individuals over 40 years of age, with no age maximum.
In some cases, however, age may be a Bona Fide Occupational Qualification (BFOQ) or mandatory retirement may be permissible. The statute includes additional prohibitions against discrimination on the basis of age by employment agencies and labor organizations. The federal statute is further limited because it applies only to employers who engage in interstate commerce and who employ at least 20 persons. There are various other exceptions to the protection provided by the ADEA.
4. How does the New Jersey law prohibit against age discrimination differ from the ADEA?
The New Jersey Anti-Discrimination law is much broader than the ADEA. The state law prohibits discrimination in employment opportunities and in access to any place of public accommodation, publicly assisted housing accommodation and other real property because of race, creed, color, national origin, ancestry, age, marital status or sex. Therefore, under the New Jersey law, the failure to treat an individual equally because of his or her age is unlawful not only in the employment context, but in housing, real estate and various other public accommodations. In addition, the state law does not limit its protection to any particular age group.
5. How am I protected by the laws that prohibits against age discrimination?
Both the federal and state laws provide the procedures to be followed in reporting and seeking redress for discrimination based upon age. While it is not required that an individual be represented by an attorney, the procedures to be followed can get very complicated, especially with regard to deadlines for filing required documents.
The ADEA requires that before an individual can sue an employer in federal court for discrimination in employment, the employee must give prompt notice to the Equal Opportunity Commission (EEOC). The EEOC then has 60 days to investigate the incident and to determine whether there has been actionable age discrimination. If the EEOC does not find that unlawful age discrimination has occurred, the individual may nonetheless pursue the matter and institute a lawsuit.
The New Jersey law provides for a somewhat different procedure. An individual complaining of age discrimination has a choice of pursuing the complaint in the courts or through the New Jersey Division of Civil Rights. In the latter situation, if the division finds that there are adequate grounds to suggest age discrimination, it will bring an action in the state administrative court. If the former option is chosen by the individual, the matter may be pursued through the law courts.
6. How do I know if I have been discriminated against?
It is almost impossible to identify all of the signs of discrimination. Under federal law, an employer cannot reduce your salary or wages or fire you simply because you reach a certain age, and cannot refuse to provide you with the same group health plan benefits offered to other, younger employees. On the other hand, it is not unlawful for an employer to take action with regard to any employee for good cause, where age is a bona fide occupational qualification reasonably necessary to the normal operation of the particular business or where the grounds for taking any action are based on reasonable factors other than age, and such factors are not a subterfuge to avoid the law against age discrimination. If you think you have been discriminated against, then you might wish to contact the New Jersey Division on Civil Rights or your attorney for further information.
