Understanding Your Rights: Age Discrimination in the New Jersey Workplace
Age discrimination remains a significant hurdle for many older professionals. According to a series of surveys conducted by the AARP in 2022, a staggering 21% of workers aged 50 and older reported experiencing age-based discrimination since turning 40. For employees in New Jersey, both federal and state laws provide robust protections against such treatment. A recent lawsuit, which resulted in a $115,000 settlement for a New Jersey nurse, underscores how these laws can be used to protect workers’ rights.
The Legal Framework: Federal and State Protections
Enacted by Congress in 1967, the Age Discrimination in Employment Act (“ADEA”) serves as the primary federal protection for older workers. The statute protects employees and job applicants who are 40 years of age or older. Under the ADEA, employers are prohibited from making decisions about hiring, firing, wages, or other terms of employment based on an individual’s age. In New Jersey, the New Jersey Law Against Discrimination (“NJLAD”) offers even broader protections. Unlike its federal counterpart, the NJLAD does not impose a minimum age requirement of 40 for a discrimination claim. This means it protects workers from discrimination based on their age, whether young or old.
Case in Point: New Jersey Nurse’s $115,000 Settlement
The recent case noted above highlights how these protections function in practice. In 2023, a 63-year-old school nurse claimed age discrimination against her former employer, a New Jersey school district.
The nurse, who had been employed since 2019, received a notice in April 2023 that she was being terminated as part of a reduction in force (RIF). She alleged that the RIF was used as a pretext for age discrimination, as several “substantially younger” nurses with less experience and fewer credentials retained their positions.
When she requested a formal “statement of reasons” for her termination, the superintendent’s response attributed the decision to “painful cuts” resulting from “a loss of state funding” and a “budget shortfall,” explicitly stating it was “not based on job performance.”
The nurse filed suit in September 2023, alleging a violation of the NJLAD and seeking compensatory damages, punitive damages, and attorney’s fees. In late 2024, the parties reached a confidential settlement which became public in early 2025. The school district agreed to pay $115,000 to the plaintiff in exchange for the dismissal of her case.
Protect Your Rights in the Workplace
The Resnick Law Group’s employment lawyers advocate for the rights of employees in New Jersey and New York and have significant expertise settling claims for age discrimination and other unlawful workplace policies or practices. If you are involved in a dispute with your employer, we are available to discuss your options. Contact us today at 973-781-1204 to schedule a confidential consultation and learn how we can assist you.