Practice Areas

Age Discrimination

What is Age Discrimination?
If you have been the victim of age discrimination at your place of work, you should not hesitate to talk to an age discrimination lawyer at O’Connor, Parsons, Lane & Noble about your situation and your rights. Age discrimination can be very subtle, so if you have a feeling that your employee rights have been violated, it is wise to contact us.

On the federal level, workers are protected under the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA protects workers in both the public and private sectors, and applies to people over 40. (The Age Discrimination Act of 1975 is a federal law that protects against age discrimination in activities or programs that receive financial assistance from the federal government, but does not apply to employment issues.)

New Jersey law differs from the federal law on several levels. For one thing, New Jersey law applies to workers under 40 years of age as well. Also in New Jersey, workers who win an age discrimination case may recover punitive and compensatory damages not allowed under federal law with New Jersey age discrimination cases handled through the NJ Division on Civil Rights (DCR).

The ultimate question in every employment discrimination case is whether the plaintiff was the victim of intentional discrimination. An employee need only prove that his or her age played a role in the decision making process resulting in the adverse employment action. He or she does not have to prove age was the sole reason for his firing.

Here are some examples of age discrimination:

• Pressuring an older employee to retire whether by constantly asking when he or she plans to do so or by threatening to fire the employee if he or she does not retire.
• Cutting older employees with the highest salaries before younger employees.
• Not permitting an older employee to learn new skills or attend training.
• Refusing to hire an otherwise qualified employee based on his or her age.

At O’Connor, Parsons, Lane & Noble, our attorneys have extensive experience dealing with age discrimination cases. If you suspect Age Discrimination, tell us about your situation. Contact us online or call at 1-908-928-9200 or 1-800-586-5817