The NJLAD protects New Jersey employees between the ages of 18 and 70 from age-based discrimination. The federal ADEA protects workers 40 and older whose employers have at least 20 employees. Because the NJLAD covers all employers and a broader age range, it is the primary protection for most New Jersey workers — including those under 40 and those working for smaller employers not covered by the ADEA.
If you are a member of this protected class — or your employer perceived you to be — and you experienced adverse treatment, you may have a claim.
To bring a successful age discrimination claim, you generally need to establish the following, but you do not need to have all of this figured out before you call.
Under the NJLAD, you must be between 18 and 70. Under the ADEA, you must be 40 or older. Your employer must also be covered by the applicable law.
You were meeting the legitimate expectations of your employer at the time the adverse action occurred.
Your employer took a materially negative action against you — termination, demotion, failure to promote, unfavorable assignment, or exclusion from opportunities available to younger employees.
The adverse action was taken, at least in part, because of your age. One common way to demonstrate this is by showing you were replaced by a significantly younger employee, or that younger employees in similar positions were treated more favorably. Age-based comments and patterns in how decisions were made can also support this element.
Age discrimination often overlaps with other employment claims. If any of the following also describe your situation, you may have more than one claim worth pursuing.
