Age Discrimination in New Jersey

New Jersey Age Discrimination Attorney

Your years of experience, dedication, and hard work should be an asset in the workplace, not a reason to be passed over or pushed out. If you have been overlooked for a promotion, targeted in a layoff, or treated differently at work because of your age, you may have a legal claim under New Jersey or federal law. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey who have been subjected to age discrimination and fight to hold employers accountable for the harm they cause.

Laws That Protect New Jersey Workers from Age Discrimination

The Age Discrimination in Employment Act (ADEA)

The federal Age Discrimination in Employment Act prohibits employers from discriminating against employees and job applicants who are 40 years of age or older. It applies to employers with 20 or more employees and covers all aspects of employment including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits. The ADEA also prohibits harassment based on age and retaliation against employees who complain about age discrimination.

The New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination provides broader protection than the ADEA. Unlike the federal law, the NJLAD protects employees of all ages — not just those 40 and older — from age-based discrimination. It applies to employers with one or more employees, meaning it covers virtually every workplace in New Jersey. The NJLAD also allows employees to file suit directly in court without first going through the EEOC.

What Does Age Discrimination Look Like?

Age discrimination can take many forms, some obvious and some subtle. Common examples include:

• Being passed over for a promotion in favor of a significantly younger and less qualified employee

• Being targeted in a reduction in force while younger employees with similar roles are retained

• Receiving negative performance reviews that did not occur before you reached a certain age

• Being excluded from training, projects, or advancement opportunities available to younger coworkers

• Hearing age-related comments such as references to being "too old," "not a culture fit," or "not keeping up with the times"

• Being forced into early retirement or pressured to resign

• Job postings that use language signaling a preference for younger applicants

Proving Age Discrimination in New Jersey

Age discrimination cases often rely on circumstantial evidence because employers rarely state their discriminatory intent openly. To establish a claim, an employee generally needs to show that they were qualified for their position, that they suffered an adverse employment action, and that the circumstances give rise to an inference of age-based discrimination — such as being replaced by a significantly younger employee or being treated less favorably than younger coworkers in similar situations.

If the employer offers a non-discriminatory reason for the adverse action, the burden shifts to the employee to show that the stated reason is a pretext — meaning it is not the real reason for the employer's decision.

What Is the Statute of Limitations for Age Discrimination in New Jersey?

Under the NJLAD, you generally have two years from the date of the discriminatory act to file a lawsuit. For federal claims under the ADEA, you must file a charge with the EEOC within 300 days. Missing these deadlines can bar your claim entirely.

What Damages Can I Recover?

Employees who prevail in age discrimination cases in New Jersey may be entitled to recover:

• Back pay and lost benefits

• Front pay or reinstatement

• Compensatory damages for emotional distress

• Punitive damages in cases of egregious conduct

• Attorney's fees and costs

Frequently Asked Questions

Can I be laid off because of my age?

A layoff is not automatically lawful just because it is called a reduction in force. If older employees were disproportionately targeted, or if the selection process was used as a pretext for getting rid of older workers, you may have a valid age discrimination claim.

What if my employer replaced me with someone only a few years younger?

The ADEA and NJLAD do not require the replacement to be dramatically younger. While a significant age gap strengthens a claim, courts have recognized age discrimination claims where the difference in age was relatively modest, depending on the other circumstances.

Can I sue for age discrimination if I am still employed?

Yes. Age discrimination does not require termination. If you have been demoted, denied a promotion, excluded from opportunities, or subjected to a hostile work environment based on your age, you may have a claim even if you are still employed.

Are age-related comments enough to prove discrimination?

Isolated comments alone may not be sufficient, but they can be important evidence — particularly if they were made by a decision-maker and were directly related to an adverse employment action. A pattern of age-related remarks combined with other evidence can make a strong case.