Workers in New Jersey and elsewhere who are 40 or older are protected by legislation such as the Age Discrimination in Employment Act (ADEA). The law applies to both employees and those who are applying for positions with a company. Furthermore, employers are not permitted to engage in any practice that may have a disparate impact on an older worker even if it is meant to apply to everyone equally.
What could constitute age discrimination?
On October 20, the 9th Circuit ruled in favor of an Abbott Laboratories employee who claimed that executives had been instructed to manage out older workers. According to one such executive, the company attempted to meet that goal by creating unrealistic expectations for those individuals. Furthermore, that person said that they were responsible for doctoring performance evaluations to justify getting rid of these employees. The court ruled that a trial court should take a second look at these statements and other facts that may enable the plaintiff to obtain a favorable outcome in the case.
Ageism is relatively common in the workplace
According to a study conducted by Hiscox, an insurance company, more than 20% of respondents over the age of 40 said that they had faced age discrimination in the workplace. Research has indicated that older workers tend to be at a higher risk of being terminated because of outdated assumptions about their value to the companies that they work for.
If you feel that you have been the victim of discrimination at your job, it may be worth taking legal action against your employer. An attorney may help you gather and organize evidence that can be used during settlement talks or at trial. If your claim is successful, you may receive a financial award or get your job back.