Age Discrimination Overview State and Federal Laws

The Federal Age Discrimination in Employment Act (ADEA) punishes discrimination in hiring or terms of employment based upon age. Additionally, state laws also punish discrimination and the plaintiff must select state or federal court. A plaintiff alleging age discrimination generally must prove:

  1. he was in the age group protected by the ADEA;
  2. he was discharged or demoted;
  3. at the time of his discharge or demotion, he was performing his job at a level that met his employer's legitimate expectations; and
  4. following his discharge or demotion, he was replaced because of age.

Note he need not show he was replaced by a substantially younger employee, simply that age played a role in the demotion or firing. Age Discrimination replacement case. While court cases set forth the law, many claims are now decided in arbitration and clauses providing for arbitration are generally enforced. Arbitration of Age Discrimination Claims


The employee may look for evidence that other employees have also suffered discrimination or unfair treatment, and those other supervisors need not have been involved in decisions involving the plaintiff's employment.
Evidence in Age Discrimination

Terms of Representation

We handle age discrimination claims on contingency. There are provisions under which the defendant may be required to pay legal fees and costs.

Qualifications of this office

Howard A. Gutman has been in practice for over 20 years, appeared on Good Day New York, and his cases have been profiled in the New York Times, Star Ledger, and Associated Press.

How Do I Contact You?

Law Offices of Howard A. Gutman
230 Route 206, Suite 307, Flanders, New Jersey 07836
Phone: (973) 598-1980; Fax: (973) 531-4110

New York Office
315 Madison Avenue, Suite 901
New York, New York 10017