Pennsylvania and New Jersey Age Discrimination Attorneys
For Pennsylvania workers who are 40 years or older, including those in Philadelphia and the surrounding counties, federal, state and local laws provide protections against discrimination in employment based on age. An employer may not favor a younger employee over someone 40 or older, and cannot make youth a requirement for a job unless they can make a rare showing that it is a “bona fide occupational qualification.”
Philadelphia Age Discrimination Lawyer
If you are 40 or older in Pennsylvania, including the Philadelphia area, or of any age in New Jersey, and have suffered adverse employment action, including termination, layoff or refusal to promote or hire, or harassment, because of your age, you may have a claim for discrimination.
At Console Mattiacci Law, LLC, our Pennsylvania and New Jersey employment lawyers represent the victims of age discrimination. We have been recognized by our peers for our outstanding work in employment law. Call us today at 215-545-7676 to set up a consultation.
We represent clients throughout Pennsylvania, including the Greater Philadelphia area and Chester, Montgomery, Bucks, Lancaster and Delaware Counties. We also represent clients throughout New Jersey, with an office in Moorestown, New Jersey, including in Burlington, Ocean, Atlantic, Camden, Gloucester and Cape May Counties. We also represent clients throughout New York.
Federal Age Discrimination Law
The Age Discrimination in Employment Act (ADEA) is federal legislation passed in 1967 to protect older workers from arbitrary age limits and other discriminatory practices. It is found in the U.S. Code at 29 U.S.C. §§ 621-634.
The law applies only to workers who are 40 and older (29 U.S.C. §§ 633(a)). The law prohibits discrimination based on age for hiring, promotion, layoffs, benefits or other employment decisions. A person, for example, may not be laid off because they are older and nearing retirement. An employer must offer an older worker the same benefits as a younger worker, and may not adversely change the terms and condition of the older person’s employment.
A job cannot have an age requirement, and cannot be advertised as such unless the requirements is a “bona fide occupational qualification” (BFOQ). To prove an age requirement is a BFOQ in the Third Circuit, which includes all of Pennsylvania and New Jersey, an employer must show that the particular age is reasonably necessary for the normal operation of business, and that the employer had reasonable cause to believe all or nearly all workers older than that age limit cannot perform it safely and effectively, or that it would be impossible or highly impractical to consider each older applicant.
To file a claim under ADEA, you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission. This Charge must be filed within 300 days of the last discriminatory act. The lawyers at Console Mattiacci Law, LLC can draft and file this Charge for you. The EEOC will conduct an investigation. However, you do not have to wait for the investigation to be complete. But you will need to wait 60 days after submitting your complaint to file a lawsuit.
State and Local Anti-Age Discrimination Law
The Pennsylvania Human Relations Act (PHRA) prohibits employment-based discrimination on the basis of age and defines “age” as any person 40 years old or older, as well as anyone else protected by the ADEA. The Philadelphia Fairness Practices Ordinance similarly prohibits employment discrimination based on age for those 40 or older.
A complaint of age discrimination under Pennsylvania law must be filed with the Pennsylvania Human Relations Commission (PHRC) within 180 days of the last discriminatory act. The lawyers at Console Mattiacci Law, LLC can draft and file this Complaint for you. After the PHRA investigates the Complaint, then a legal action can be filed.
New Jersey, however, takes a different approach toward age discrimination. The New Jersey Law Against Discrimination (LAD) does not limit age discrimination protections to those 40 or older. A Charge of Discrimination does not need to be filed in New Jersey. However, a lawsuit must be filed within two (2) years of the discrimination. Console Mattiacci Law, LLC is very experienced in handling New Jersey court cases involving age discrimination matters and can represent you through the litigation process until the verdict.
All Pennsylvania and New Jersey workers are covered by both federal and state law, and those in a municipality with a non-discrimination ordinance, like Philadelphia, are covered by that rule. The law you seek to file a claim under will depend on what is most applicable to your situation and what has the best remedies available. Your attorney at Console Law Offices LLC can help you determine which is best for you.
Layoffs and Forced Retirement for People Older Than 40
A job cannot require a person to retire at a certain age under the ADEA, unless very rare exceptions are met.
If you are 40 older, have been laid off as part of a group and have been offered severance pay in exchange for your signature on a Release Agreement, there are certain obligations your employer owes to you in order to obtain a release of claims ADEA. For instance, your employer may be required to provide you with a list of all employees (identified by position and age) who have been laid off and those who have been retained.
Console Mattiacci Law, LLC ǀ Philadelphia Age Discrimination Lawyers
At Console Mattiacci Law, LLC, we fight age discrimination in employment for our clients. If federal, state or local age discrimination laws in Pennsylvania, New York or New Jersey apply to you, our Philadelphia employment lawyers, Pennsylvania employment lawyers, and New Jersey employment lawyers may be able to represent you. A discrimination claim can have a deadline of 180 days to act. Call us today at 215-545-7676 to set up a consultation.