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Age Discrimination Claims – State and Federal Law

Age discrimination is all too common, and it can be difficult to prove. In fact, many victims of age discrimination may not realize exactly what is happening to them and that it is against the law. The Age Discrimination in Employment Act (ADEA) is the federal law that protects workers and job applicants from age-related employment discrimination. The New Jersey Law Against Discrimination (LAD) is the state law that provides protection from age discrimination. There are big differences between the two laws.

Age Discrimination in Employment Act

The ADEA protects most workers and job applicants who are 40 years old or older from employment discrimination based on their age. Workers who are not protected under the ADEA include independent contractors, elected officials, and military personnel. The ADEA does not apply to all employers, but does apply to the following:

  • Employers with at least 20 employees
  • State and local governments
  • Employment agencies
  • Labor organizations

The ADEA does prohibit employers from discriminating against younger workers based on age.

Unlike the New Jersey LAD, the ADEA limits employees’ remedies to their actual economic losses and an equal amount for liquidated damages in cases involving willful violations.

New Jersey Law Against Discrimination

The New Jersey LAD protects people over the age of 18 from discrimination by employers, labors unions, and employment agencies. Unlike the ADEA, the LAD protects independent contractors from age discrimination because it bars discrimination in business transactions. While the ADEA favors older people, under the state law, “age discrimination” means discriminating against someone for being older or younger than others. While there are some exceptions, the LAD generally prohibits employers from refusing to hire, firing, laying off, and forcing retirement, due to a person’s age.

Unlike the ADEA, the LAD permits employees to claim uncapped emotional and punitive damages.

At Lenzo & Reis, LLC, our attorneys represent people throughout New Jersey with age discrimination claims under both state and federal law.

If you believe that you have been the victim of age discrimination, please call the New Jersey employment attorneys of Lenzo & Reis, LLC, at (973) 845-9922 or email us for a free case evaluation.

Client Reviews
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"Professional and Knowledgeable Attorney. At what was supposed to be the highest point in my career suddenly became the most harassing and lowest point of my career and I was passed over for a promotion. Not because the other person was more qualified than I was, but because I followed the law and did the right thing and the people I worked for did not like that. After researching several attorneys, my wife and I found Claudia, and the decision to retain her was the best decision we ever made. After explaining our case to Claudia, we found that she was not only extremely professional but a very caring human being. Throughout the entire process of our case, Claudia was there with us every step of the way. She explained every single proceeding that we had to go through and guided us, not only as a professional attorney in and out of court, but personally as a caring and understanding person. Because of her extensive working knowledge of employment and labor laws, Claudia was able to successfully resolve our case. My wife and I will always be extremely grateful for Claudia’s hard work and dedication, and we highly recommend Claudia Reis to anyone seeking an attorney who practices in employment and labor laws." John
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"Professionalism, integrity, and determination. Outstanding representation! Chris Lenzo did an outstanding job in my employment discrimination case. He responded to my questions in a timely fashion, provided clear communication through each step of the process, and handled my case in an honest and straight forward manner. Chris’s expertise in employment law along with his hard work ensured justice would prevail in my case and got me the compensation I deserved. Likewise, Chris’s law firm staff was professional, courteous, organized, and effective. I highly recommend Chirs Lenzo’s firm to anyone with an employment legal matter in New Jersey or New York." Sofia
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"Remarkable professional. I have worked with Ms. Reis and her firm for the past three years. During the consultation process, you will immediately experience her compassion as she offers suggestions and guides you through the difficult situation you are dealing with. Her attention to detail, timely follow up and candid manner ensured me that I was well-protected and represented. Ms. Reis always went above and beyond to protect me legally. She is a very strong and tough (when necessary) advocate for the individual she represents. Her support staff is equally diligent. I would recommend her without reservation." A.M.