New Jersey Age Discrimination Attorney

The New Jersey Law Against Discrimination and the federal Age Discrimination in Employment Act (ADEA) prohibit employers from discriminating against employees who are 40 years of age or older. Age discrimination is pervasive in New Jersey workplaces, particularly in the context of layoffs, restructurings, and performance management.

Age discrimination often masquerades as performance-based decisions. Older workers are disproportionately targeted in reductions in force, passed over for promotions in favor of younger candidates, and subjected to heightened scrutiny that their younger colleagues do not face. Identifying these patterns requires careful analysis of the employer's workforce data and decision-making processes.

New Jersey's NJLAD provides stronger protections than the ADEA in several respects: it applies to smaller employers, allows for individual liability, and does not cap damages.

Age Discrimination in Reductions in Force

Reductions in force are a common vehicle for age discrimination. Employers sometimes use restructurings as an opportunity to eliminate older, higher-paid employees while retaining younger workers. Statistical analysis of who was selected for layoff — and who was retained — can reveal discriminatory patterns. Employers are required to provide employees 40 and older with specific information about the ages of those selected and not selected for layoff when asking them to sign releases of age discrimination claims.

Proving Age Discrimination: The 'Younger Replacement' Evidence

One of the most powerful forms of evidence in age discrimination cases is showing that the employee was replaced by a significantly younger person, or that younger employees with similar qualifications were treated more favorably. Courts also look at ageist comments by decision-makers, patterns of targeting older employees for discipline or termination, and the employer's failure to follow its own procedures.

OWBPA Protections for Severance Agreements

The Older Workers Benefit Protection Act imposes specific requirements on severance agreements that include a release of age discrimination claims. The agreement must specifically reference the ADEA, provide at least 21 days to consider (45 days in a group layoff), and allow 7 days to revoke. Employers must also provide information about the ages of employees selected and not selected for layoff. Agreements that do not comply with OWBPA are unenforceable as to age discrimination claims.