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Being passed over for one promotion does not automatically prove discrimination. But if an employer in Gloucester County repeatedly favors younger workers, pushes an older employee out of a position, or makes age-based comments that change the employee’s treatment, those facts may warrant a closer look. New Jersey’s Law Against Discrimination (NJLAD) prohibits employment discrimination based on age under N.J.S.A. 10:5-12(a).
If you believe your employer treated you differently because of your age, get in touch with Puff Sierzega & MacFeeters Law Offices. You can speak with our age discrimination lawyers in Gloucester County and explore what you can do.
What is Considered Age Discrimination in The Workplace?
Age discrimination can show up in decisions that seem unrelated to age. For instance:
- A 58-year-old employee is repeatedly passed over for promotion while younger employees with less experience advance.
- A supervisor starts saying an employee is “too old” to learn new technology or should be thinking about retirement.
- An employee with years of positive reviews suddenly receives poor evaluations and is fired.
- An older employee is selected for a layoff while younger workers with less seniority remain.
- A company discourages older applicants by advertising specifically for “recent graduates.”
One comment or unfavorable employment decision doesn’t automatically establish unlawful discrimination, the surrounding circumstances, including how the employer treated other employees, matter.
What Does New Jersey Law Say About Age Discrimination?
Under N.J.S.A. 10:5-12(a), an employer generally can’t refuse to hire, discharge, or otherwise discriminate against an individual because of age in compensation or the terms, conditions, or privileges of employment. New Jersey’s protection isn’t limited to older workers in the same way as the federal Age Discrimination in Employment Act (ADEA).
The ADEA generally protects workers and job applicants who are 40 or older. The ADEA applies to employers with 20 or more employees and covers decisions involving hiring, firing, promotions, compensation, assignments, benefits, and other employment conditions. This means a worker’s potential protections can depend on the employer, the conduct involved, and whether state or federal law applies.
Can Your Employer Fire You Because of Your Age?
No. Your employer can’t fire you simply because of your age when the decision violates applicable anti-discrimination law. However, your employer can still terminate employment for legitimate reasons, such as performance issues, restructuring, layoffs, or other lawful business reasons. The question is whether age actually played an unlawful role in the decision. For instance, your employer says a position was eliminated, but then gives substantially similar work to a younger employee. That may raise questions about your employer’s stated reason for the termination.
Our Age Discrimination Attorneys in Gloucester County Can Help You
We can review your employment history and the events leading to the suspected discrimination, then assess whether you may have a claim under the NJLAD, ADEA, or both. Depending on the circumstances, our Gloucester County age discrimination lawyers can help preserve evidence, communicate with your employer, evaluate potential administrative claims, negotiate a resolution, or pursue litigation. If you report discrimination, legal advice can also help you understand your protection against retaliation.
When Age Starts Influencing Workplace Decisions, Look at The Pattern
Age discrimination is not always announced openly. It can appear through a series of comments, employment decisions, shifting explanations, and differences in how older and younger workers are treated. If you work in Gloucester County and believe your age affected a hiring, promotion, pay, discipline, layoff, or termination decision, our legal team at Puff Sierzega & MacFeeters Law Offices can examine the facts and explain whether you may have a claim under New Jersey or federal law. Call 856-845-0011 or send us an online message for your confidential case assessment.