Recognizing Age Discrimination: Five Common Workplace Examples
Age should be celebrated—not punished. Yet, many workers across New Jersey continue to face subtle and overt forms of age discrimination that derail careers and diminish dignity. At NJ Employment Lawyers, LLC, we believe every employee, regardless of age, deserves a fair and respectful workplace. Knowing how age discrimination shows up is the first step toward fighting it. Here are five common examples that workers should watch for—and take action against.
1. Being Passed Over for Promotions in Favor of Younger Employees
One of the most prevalent signs of age discrimination is being overlooked for career advancement despite experience and qualifications. If promotions regularly go to younger, less experienced employees—or if you’re told your ideas are “outdated”—this could point to age-related bias. Employers are not allowed to base employment decisions on age, particularly for workers aged 40 and over, who are protected under both federal and state law.
2. Targeted Layoffs That Disproportionately Affect Older Workers
Layoffs are sometimes used as a cover for illegal age-based terminations. If a company downsizes and most of those laid off are over 40, while younger employees in similar roles are retained, this could indicate discrimination. New Jersey law requires employers to make layoff decisions based on legitimate business needs—not age.
3. Ageist Comments or Jokes
Age discrimination can also take the form of jokes or remarks that perpetuate negative stereotypes. Phrases like “you’re too old to keep up” or “we need fresh energy” may seem minor on the surface, but repeated comments like these can contribute to a hostile work environment. When these remarks are tolerated—or even made by managers—it’s time to raise red flags.
4. Being Pressured to Retire
While some employees may choose to retire early, others are pressured out of their positions before they’re ready. If your employer begins making frequent references to retirement, asks about your plans repeatedly, or subtly encourages you to “make room” for younger staff, it may be a form of age-based discrimination or constructive dismissal.
5. Exclusion from Training or New Opportunities
When older employees are excluded from training sessions, technology upgrades, or challenging projects, it can stifle career growth and suggest that the employer no longer values their contributions. If you’re denied access to the tools or knowledge that younger coworkers are receiving, you may be facing illegal discrimination.
Legal Protections Under New Jersey Law
The New Jersey Law Against Discrimination (NJLAD) offers strong protections for workers over the age of 40 and prohibits employers from making any employment decisions based on age. Unlike federal law, NJLAD applies to employers of all sizes and offers broader remedies, including compensation for emotional distress and punitive damages.
What to Do If You Suspect Age Discrimination
If you believe you’re experiencing age discrimination in your workplace, follow these steps:
- Document incidents: Record all relevant communications, decisions, and any inappropriate comments with dates and names.
- Report internally: Use your company’s HR procedures to file a formal complaint.
- Consult a legal professional: A qualified employment attorney can assess the situation and advise whether legal action is appropriate.
How NJ Employment Lawyers, LLC Can Help
At NJ Employment Lawyers, LLC, we’ve helped workers across the state hold employers accountable for unlawful age discrimination. Whether through strategic negotiation or litigation, we fight to secure compensation, restore reputations, and ensure fair treatment for every client. If you’re over 40 and have been unfairly treated at work, we’re here to help.
Learn more about your rights and how to spot age bias by visiting our article on 5 common examples of age discrimination in the workplace.
Contact Us Today
Age is an asset—not a liability. If you’re being discriminated against because of your age, contact us for a free consultation. We’ll help you protect your rights and your future.
Contact Information:
NJ Employment Lawyers, LLC
101 Eisenhower Pkwy #300
Roseland, NJ 07068
(973) 358-7027
