According to research on the US Equal Employment Opportunity Commission, age discrimination complaints are at an all-time high. There was a 17% increase from age discrimination complaints filed with the agency between the years of 2007 and 2010. Although there are laws within New Jersey and at the federal level to protect applicants and employees from age discrimination, proving these cases can be complex without a New Jersey employment attorney.
Employees in public and private sectors are protected at the federal level under the Age Discrimination in Employment Act, first making an appearance in 1967. This applies to individuals over the age of 40 and prohibits employers from discriminating against individuals on the basis of age. New Jersey law also has its own acts related to age discrimination. For example, the state law applies to individuals under the age of 40 as well. When cases are handled under the NJ Division on Civil Rights, successful litigants in an age discrimination case may also be able to receive compensatory and punitive damages that are not allowed under the federal law.
Although this might seem like good news for individuals in the market for a New Jersey employment attorney to fight an age discrimination case, it’s still relatively difficult to win these cases without significant evidence. A Supreme Court case from 2009 found that age must be the only cause for discrimination, and it can be very difficult to collect the evidence and proof required to prevail in an age discrimination lawsuit.
If you believe that you have been a victim of age discrimination, discuss the details of your case with an experienced lawyer who can tell you whether you meet the grounds for filing an age discrimination case against an employer or potential employer.