Age Discrimination

October 18, 2012

National Boss Day Gift – A Look at 25 Largest Employment Lawsuit Settlements

They say knowledge is power. We, as experienced NJ employment attorneys, certainly agree.

To that end, eBossWatch, an organization that allows employees to monitor bosses, used Boss’ Day this year to release a study on workplace harassment and discrimination, and the common charges that are costing employers millions. During the last 12 months, such suits have resulted in more than $356 million in payouts and judgments, according to the Insurance Journal.The most common violation leading to sizable settlement or jury award: Sexual Harassment. Passaic County, New Jersey had the 12th largest payout: $3.7 million in an age discrimination judgment. A $25 million race discrimination lawsuit in Buffalo placed second on the list.

Mercy Hospital took the dubious honors of paying the highest award: $168 million in Sacramento for a sexual harassment lawsuit judgment. Companies in Chicago reported 3 of the 7 highest payouts. The New Jersey Law Against Discrimination (LAD) prevents discrimination based on the protected statuses of race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy and sexual harassment), marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability, including AIDS and HIV related illnesses.

But the vast majority of employment lawsuits in New Jersey involve sexual harassment or discrimination based on age, sex or race. The same holds true when looking at statistics nationwide: The U.S. Equal Employment Opportunity Commission reported 1,841 cases in New Jersey last year.

-624 sex-based employment lawsuits in New Jersey
-457 race-based cases
-306 national origin
-89 religion
Of course, as the law states above, there are many other protections that may result in an unemployment lawsuit. Last year, New Jersey passed a law banning discrimination against the unemployed. However, sexual harassment remains the most commonly filed.

As we reported recently, New Jersey has paid millions to settle sexual harassment claims against state employers, including many supervisors who remain on the job. In fact, nearly $4 million has been paid to settle 27 sexual-harassment lawsuits in recent years.

New Jersey also just passed the Equal Pay Act, which is meant to address some of the gender inequality remaining in the workplace. Signed Sept. 21, the law requires employers to provide workers with a written copy of such rights. Simply posting those rights will no longer be considered sufficient.

What this means, for women in the workforce in particular, is that vigilance can ensure that you are being paid and treated fairly in the workforce. While we’ve come a long way in promoting equal pay for equal work, there is much work yet to be done. And those who are treated unfairly in the workforce based on gender should seek an experienced employment law attorney in Roseland or elsewhere to help protect their rights.
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October 15, 2011

3M Settles Age Bias Claim With $3 Million Check For Employees in New Jersey, Nationwide

by Resnick Law Group, P.C.

Corporate giant 3M came to an agreement recently to pay $3 million to several hundred ex-workers who said the company discriminated based on age, the U.S. Equal Employment Opportunity Commission reports.

Age discrimination in New Jersey can affect workers and families when employers make decisions about hiring, firing and promotions based on factors other than qualifications and job performance. It can also apply to whether or not a person gets training opportunities, fringe benefits or other benefits of a job.If you face discrimination on the job and you believe it is based on your age, don’t hesitate to contact an experienced New Jersey Employment Lawyer who can assess your situation and determine what action can be taken. Facing discrimination is wrong, but it can happen to anyone, in any profession.

3M may best be known for its Post-It notes, adhesive tape and insulation products. But most recently, it has been known as a company that shuns older workers.

According to the EEOC, the company recently agreed to pay out $3 million to workers older than 45 that it laid off between 2003 and 2006. A lawsuit against the company alleged it fired many high-paid older employees and directed its leaders to train younger workers as replacements.

The EEOC’s investigation found an e-mail from the former chief executive that stated the company should be “developing 30-year-olds with General Manager potential.”

As part of the settlement, the company will pay out $3 million to 290 former employees and it must provide training to avoid age discrimination by managers and supervisors. There must also be a termination decision process review. The settlement still requires approval by a federal judge.

Two separate lawsuits, filed on behalf of thousands of other employees settled in April for $12 million. Those who benefited under those lawsuits aren’t eligible for the EEOC settlement. 3M denies any wrongdoing, but said the company agreed to the settlement to put an end to it incurring any more legal costs.

While most companies would like their younger employees to one day become strong managers who can lead the business in the future, a corporation can’t simply terminate hundreds of older employees because they make good salaries after having dedicated decades of their lives to making the business a success.

That shows a systematic choice to discriminate based on age and it cannot be tolerated. Older employees sometimes get a bad reputation for not being willing to use new technology or being unable to adapt to current trends in business, but they can’t be denied an opportunity to prove themselves.

Sometimes these injustices require a lawsuit in order to make sure companies comply with the laws of the state and nation, and to compensate workers who have been harmed. New Jersey and New York both have laws which prohibit all forms of discrimination, including age. Workers should be judged based on their skills and not simply on how old they are.
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May 13, 2011

Age Discrimination Laws in New Jersey Give You the Right to Be Treated Equally

by Resnick Law Group, P.C.

Often, older adults can do a job as good as or better than younger co-workers. But sadly enough, companies often won’t hire them or pass them over for promotions and pay raises based on potential health costs or other unlawful reasons.

If this has happened to you or a loved one, New Jersey Employment Lawyers are here to stand by your side and fight for your rights.Older employees bring valuable experience to the company that others may not. And while companies cling to unfair stereotypes, such as that older employees have health problems, take more time off or are slow to learn new technology and policies, these are unlawful if they apply them to the hiring and firing of senior workers.

The Age Discrimination in Employment Act of 1967 protects workers and job applicants 40 and older from discrimination based on age. This law makes sure job notices and advertisements, apprenticeship programs and benefits don’t discriminate on the basis of a person’s age.

What rights do you have in New Jersey?

It is against the law for an employer to treat you differently or harass you based on your age:

When you apply for a job
During the course of your employment
In firing you from your job
In forcing you to retire

In general, all jobs must be open to people of all ages. A company can’t refuse to interview or employ people because they are above a certain age. But there are some exceptions. Companies aren’t required to hire someone under 18 or older than 70. Companies can also advertise for a job where age is an essential and relevant part of the job.

But you have the right not to be harassed on the job because of your age and you should be trained, promoted and get other work benefits like other employees. For more specific information, check The New Jersey Department of Law & Public Safety.
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