New Jersey laws and federal laws are essentially the same with regard to age discrimination, although one chief difference exists.
While various laws seek to protect your rights as an employee, age discrimination can still change a pleasant workplace into a hostile environment.
Under the New Jersey Law Against Discrimination, employers cannot discriminate against employees between the ages of 18 and 70. It is against the law to harass an employee due to his or her age or to retaliate against an employee who has filed a complaint or assisted in an NJLAD investigation or hearing.
The federal Age Discrimination in Employment Act of 1967 addresses discrimination against older workers. The Act finds that it is unlawful for an employer to engage in age discrimination with respect to hiring, discharging or depriving an employee of employment opportunities or in the reduction of his or her wages.
According to the NJLAD, employers may refuse to either hire or promote those who are younger than 18 or older than 70. However, this differs from the ADEA, which prohibits discriminatory practices against employees aged 40 and older. There is no upper age limit. If a New Jersey business has 20 or more employees, the federal law takes precedence over the state law.
Many employers believe that younger workers provide energy, new ideas and a fresh perspective that could lead to increased profits. Some companies cut costs by making workforce reductions primarily aimed at weeding out older employees. If you are an older worker experiencing harassment, passed over for promotion or your job is on the line, you may be the target of age discrimination.