In a lawsuit that brings renewed attention to age discrimination in the workplace, a 68-year-old custodian at a New Jersey college alleges he was told he was “too old” by a college administrator before being fired. The custodian claims his termination was not only unfair but unlawful, highlighting ongoing challenges older workers face in retaining employment.
Background of the Case
The custodian, who has not been publicly named, worked for years at a New Jersey college providing essential maintenance and custodial services. According to the lawsuit filed in a state court, the custodian was abruptly dismissed after being told by a college boss that he was “too old” to continue working. The statement allegedly came during a meeting where the termination was discussed, raising serious questions about age bias.
Such an explicit comment about age is considered a serious allegation and may violate both federal and state laws that protect employees from discrimination based on age.
Age Discrimination in Employment
Age discrimination occurs when an employer treats an applicant or employee less favorably because of their age. The federal Age Discrimination in Employment Act (ADEA) protects workers 40 years of age and older from workplace discrimination. Additionally, New Jersey’s Law Against Discrimination (NJLAD) prohibits discrimination based on age and offers protections beyond federal law in some cases.
Under these laws, firing an employee because of their age is illegal. Employers must have valid, non-discriminatory reasons for termination, such as performance issues or layoffs based on legitimate business needs. Any termination motivated by age can result in legal consequences.
The Custodian’s Claims
The custodian’s lawsuit alleges that the reason for his termination was age discrimination. He claims that not only was he told he was “too old” but that younger workers were retained or hired in his place. The lawsuit further states that the dismissal caused emotional distress, financial hardship, and harmed his reputation.
Age discrimination can be difficult to prove, but direct comments like the one alleged here can serve as strong evidence if verified. The custodian is seeking damages for lost wages, emotional pain, and legal fees.
Broader Implications
This lawsuit is one of many that shine a light on the experiences of older workers who face bias in employment decisions. According to the U.S. Equal Employment Opportunity Commission (EEOC), age discrimination charges remain one of the most common complaints filed annually.
Older workers often face stereotypes about productivity and adaptability, which can unfairly influence hiring, promotions, and retention. The U.S. Bureau of Labor Statistics reports that the labor force participation rate for those aged 65 and older has been steadily increasing, making these protections more important than ever.
Legal Protections and Resources
Workers who believe they have been discriminated against due to age have several options:
- They can file a complaint with the EEOC, the federal agency responsible for enforcing the ADEA. The EEOC investigates discrimination claims and can bring lawsuits on behalf of employees.
- They may also file claims under state laws like New Jersey’s Law Against Discrimination.
It is advisable for affected employees to document incidents and seek legal advice promptly, as there are time limits on filing claims.
What Happens Next?
The lawsuit is currently pending in court. The college has not publicly commented on the case. If the custodian’s claims are proven, the college could face penalties, including compensatory damages and mandated changes in hiring and firing practices.
This case underscores the importance of fair and respectful treatment of all employees, regardless of age. It also serves as a reminder for employers to review their policies and training to ensure compliance with anti-discrimination laws.