After committing countless years in your job industry, you may assume that your background and insights would be well respected. However, it is unfortunate that many older employees are subjected to the exact opposite treatment. That is, they may find themselves isolated, slowly but surely, while younger and less qualified workers take over certain duties they were once responsible for. So if you have been personally exposed to such behaviors and actions, you may consider whether you have the right and grounds to pursue an age discrimination claim. Well, before you move forward any further, please continue reading to learn how old you must be to claim age discrimination and how an experienced employment discrimination attorney in Gloucester County, NJ, at The Vigilante Law Firm, P.C., can help you better explore your legal options.
How old must I be to claim age discrimination in the workplace?
For starters, the Age Discrimination in Employment Act (ADEA) is a federal law that protects employees from age discrimination in the workplace. Although, this Act exclusively applies to employees who are 40 years of age or older. In turn, this particular age group is specially shielded from adversity concerning any term, condition, or privilege of employment, such as hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.
For example, it is generally unlawful for an employer to include terms within their job posting regarding seeking applicants who are “recent college graduates” or “ages 22 to 30.” On the flip side, though, they may be allowed to disclose their preference for applicants who are “recent retirees” or “over the age of 40.”
That said, the only exception may be if an employer can prove that an age limitation is necessary given the necessary duties and expected performance value of the specific position. Examples of this may be jobs that require the routine operation of commercial vehicles (i.e., truck driving) or frequent manual labor (i.e., construction work).
How do I know if the ADEA protects me?
To be protected by the ADEA enough to pursue an age discrimination claim, you must not only be 40 years of age or older but also employed at a certain type of workplace. Without further ado, the following types of workplaces must comply with this Act:
- Employers with at least 20 employees.
- Labor organizations with at least 25 members.
- Employment agencies that place workers in jobs.
- All levels of government employers (i.e., federal, state, and local).
It is worth mentioning, though, that New Jersey’s Law Against Discrimination (LAD) may protect employees of all ages from age discrimination. This Law may additionally apply to all state-based employers regardless of their residency, work location, or employment status. This is to say that you may still have a fighting chance to pursue this claim type in the state of New Jersey.
Before you take any further initiative to file a lawsuit, we urge you to consult one of the skilled New Jersey employment lawyers. Most definitely, the team at The Vigilante Law Firm, P.C. is eager to work with you.
