Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Age Discrimination

According to the U.S. Equal Employment Opportunity Commission (EEOC), there has been a 17% increase in age discrimination complaints filed since the beginning of the recession in 2007, as reported in an April 17, 2010, Newsweek article. While there are laws on both the federal and state levels protecting employees from age discrimination, these cases are very difficult to prove.

On the federal level, workers are protected under the Age Discrimination in Employment Act (ADEA) of 1967. The ADEA protects workers in both the public and private sectors, and applies to people over 40. (The Age Discrimination Act of 1975 is a federal law that protects against age discrimination in activities or programs that receive financial assistance from the federal government, but does not apply to employment issues.)

New Jersey law differs from the federal law on several levels. For one thing, New Jersey law applies to workers under 40 years of age as well. Also in New Jersey, workers who win an age discrimination case may recover punitive and compensatory damages not allowed under federal law with New Jersey age discrimination cases handled through the NJ Division on Civil Rights (DCR).

Most age discrimination complaints filed involve termination or firing cases. However, discrimination in hiring may be as common but more difficult to prove because so many factors are involved in the hiring process.

Employees who believe they have been discriminated against because of age have several avenues to pursue. In New Jersey, claims may be filed with the DCR or the EEOC, or a court suit may be filed as long as the DCR did not issue a “no cause” finding.

A 2009 Supreme Court case has made it even more difficult to prove age discrimination. Prior to that case, complainants had to show that age was one of the factors behind the lawsuit. Now, however, age has to be the only cause.

Because age discrimination cases are so difficult to prove and because there are several avenues for complainants to pursue, it is necessary to seek the services of an experienced attorney. If you believe you have been the victim of age discrimination, contact the attorneys at Kearns Rotolo Law for advice. Protect your rights. Call Kearns Rotolo Law today.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian