Articles Posted in Age Discrimination

In any kind of civil lawsuit, it is important to recognize what you need at each phase of the process. What do I need in my complaint? What do I need in my opposition to a motion to dismiss? What proof do I need at trial? At each of these critical junctures (and throughout the process) of your discrimination case, it pays to have an experienced New Jersey employment attorney on your side who is well-versed in all the requirements of the law and can guide you along the way.

Recently, a federal ruling from the appeals court whose decisions control cases filed in Pennsylvania, New Jersey, and Delaware provided an important clarification when it comes to federal age discrimination cases and what you, as the discriminated employee, have to allege in your complaint.

Z.M., the employee in the case, was a board-certified orthopedic surgeon who agreed to a position with a Pennsylvania hospital in December 2016. Less than one year later, the hospital’s new owners “abruptly terminated” the surgeon, telling him that “the hospital ‘was moving in a different direction and [Z.M.’s] services were no longer needed.’” In place of Z.M., the hospital hired a pair of surgeons, each of whom was younger than Z.M.

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If you’ve been in the workforce long enough, you’ve probably found yourself in a position where you felt like your employer expected you to make actual miracles happen… perhaps even weekly or daily. Feeling that pressure is one thing, but when your employer gives you patently unrealistic performance targets, that’s another thing entirely. That’s especially true if your employer uses your failure to meet these impossible goals as the basis to fire you because of your age, race, gender, etc. When those things happen, your employer may have engaged in impermissible discrimination and an experienced New Jersey employment discrimination attorney may be able to help you in obtaining substantial compensation.

The law actually gives employers wide latitude in setting performance goals for employees, but that wide latitude is not completely a blank check.

The recent age discrimination case of a medical sales professional working for a major international pharmaceutical company is a good example. By 2010, R.R. was a sales director for the company. By 2016, R.R. and his team had begun to fail to meet sales quotas, and R.R.’s supervisor placed him on a “performance improvement plan.”

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The scenario is probably all too familiar for some workers. You work hard to break into your chosen field and then to build a successful career. Then, after having done that, you have the rug pulled from beneath you when your employer decides to replace you with someone younger. Maybe the employer did it because of the replacement’s more youthful appearance or because the replacement was cheaper. Either way, you may have been the victim of impermissible age discrimination and may be able to take action through the courts. Don’t let time run out on you; be sure to contact an experienced New Jersey age discrimination attorney without delay to discuss your legal options.

As noted above, there may be many underlying reasons for age discrimination. Sometimes it is financial. Other times, especially for women in the public eye, the reason may be simply related to physical appearance and the perceived greater business benefit from putting a younger female face before the public.

Two New Jersey women were involved in a high-profile lawsuit and settlement, reported by the New York Times, that implicated the latter set of issues.

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While some social media jokes or memes that go “viral” may be harmless fun, others have the potential to perpetuate racism, sexism, ageism or other forms of discrimination. When employers allow that sort of harmful activity to occur in their workplaces, they are potentially allowing for the creation or exacerbation of a hostile work environment. If you’ve been forced to endure a stream of jokes, insults and other comments due to your age, race, sex, religion, national origin, sexual orientation, gender identity or military status, then you may have been the victim of illegal discrimination and may be entitled to a significant sum in compensation. Contact an experienced New Jersey age discrimination lawyer to find out more.

The latest potentially problematic viral phrase to emerge into popularity is “OK Boomer.” The phrase, which is a reference to people of the “Baby Boom” generation, is intended to poke fun at anyone saying something that is considered outdated or out-of-touch, and has received coverage from sources including the New York Times. It has even reached into the Star Wars universe, with one popular online picture showing Baby Yoda using “OK Boomer” as a snarky comeback to Yoda.

What may be funny when it involves Yoda catching flak from Baby Yoda may be less so when it involves you doing your job. An “OK Boomer“ jab at work potentially indicates that the speaker is saying you are less skillful and less competent at your job simply due to your age. Federal law protects workers who are age 40 or older from age discrimination, meaning that a hostile work environment that includes “OK Boomer” jokes/comments could lead to a potentially successful federal case.