A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
Employment Age Discrimination
With an increase in the number of individuals living longer, there is a rise in the median age of the American workforce. Indeed, older workers, who are generally classified as those age 55 or older, are now often choosing to delay their retirement. However, these mature workers may experience age discrimination. This is due for the most part on stereotypes that older workers lack the requisite knowledge, skills, energy, or attitude to perform their jobs.
Fortunately, older workers are protected by the Age Discrimination in Employment Act, 29 U.S.C.S. §621 et seq. (“ADEA”) and the New Jersey Law Against Discrimination, N.J.S.A. §10:5-1 et seq. (“NJLAD”). The ADEA prohibits discrimination in employment against workers age 40 or older, where the employer regularly employs 20 or more employees. Unlike the ADEA, the NJLAD protects employees from age 18 to 70 and applies to all employers regardless of the number of workers they employ.
Both of these laws apply to both employees and job applicants, and make it unlawful to refuse to hire, to discharge, or to otherwise discriminate against an individual in compensation or in the terms, conditions or privileges of employment because of the individual’s age. In addition, both laws prohibit the publication of classified job advertisements that include age-based preferences or specifications, unless age is shown to be a bona fide occupational qualification (“BFOQ”).
Further, the courts have developed two theories of liability under the ADEA and the NJLAD: disparate treatment and disparate impact. The disparate treatment theory is where an employer treats some individuals less favorably than others, in the terms and conditions of employment, such as promotion, raises, or training, because of their age. In other words, a plaintiff would have to prove that an employer acted with a discriminatory motive. Certain inappropriate age-related comments by an employer when coupled with an adverse employment action may be evidence of discriminatory motive. Conversely, a plaintiff claiming disparate impact discrimination need not prove an employer’s discriminatory motive, but must show that a facially neutral employment policy disproportionately adversely affects the members of a protected class, which in this case would be based on age. An example of this would be a mandatory retirement policy based on age. However, there are statutory exceptions to certain age-based employment policies. Therefore, claims of age discrimination must be decided on a case-by-case basis.
In sum, age discrimination, as with other forms of discrimination, remains prevalent in the workplace. However, through the enforcement of the ADEA and the NJLAD, we hope to help eradicate employment discrimination against older workers, and assist victims of age discrimination in receiving proper redress.
Do you believe you have been discriminated against in employment due to your age? It’s important to act quickly to find out if you may have a claim of age discrimination in employment. Since every situation is different, an experienced New Jersey employment attorney can help you fully understand your rights in this area.
The attorneys at Hyderally & Associates are ready to help you. They have experience working to fight age discrimination in employment, so they can review your situation to provide information that will help you decide if you would like to pursue a claim against an employer under the New Jersey Law Against Discrimination or federal law. Call an experienced employment attorney in New Jersey at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.
-  29 U.S.C. §631(a).
“I want to sincerely thank you and your staff for your resolve and professional zeal in resolving my issues with [company name removed for privacy reasons]. I especially want to thank Rob Szyba who handled these proceedings with dignity and a great deal of knowledge and professionalism. He knows what buttons to push and when to push them. He is an asset to your organization. I will gladly recommend your services to anyone in need. It was a privilege to deal with you and your team.”
“It has been my pleasure to work with Ty through the ABA's Employment Rights and Responsibilities Committee. His contributions to the Committee have been significant due to his knowledge of employment law and his tireless devotion to teaching trial skills. His service to the profession and his clients is commendable.”
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“I have known Ty Hyderally and his firm for a number of years through our shared affiliation with the National Employment Lawyers Association. Ty has consistently impressed me both with his leadership qualities as well as the quality of workmanship that he and his firm generate. I have reviewed some of his firm's work product, including a sample initial client letter, which not only contained excellent advice to new clients but also included cutting edge information as to how to properly address social networking issues. Without hesitation, I would highly recommend Ty Hyderally.”
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“What impressed me most about Ty was that he delivered exactly what he promised! Very well versed in his area of practice, and extremely respected by his peers and colleagues, which put me at ease knowing he was representing me! Thank you Ty!”
“I have been involved with Ty Hyderally both as an adversary in employment litigation, and when I have acted as a Court appointed Mediator in employment litigation matters in which Ty represented plaintiffs. In both types of situations, he has represented his clients very well, with an excellent command of the issues, and he has shown himself to be well-prepared, reliable, and sensitive to the concerns of his clients. He has conducted himself in a highly professional manner at all times. I have referred potential plaintiffs in employment matters to him (I represent management/defendants in such matters), since I believe he is highly qualified to consider their circumstances.”
“Ty helped us in my small business with a very delicate matter involving what was once a very cherished employee who had made some bad choices. Because it was also emotional for me and my management team, we valued the professionalism and expertise that Ty offered. It was comforting to know we could rely on his service through that very challenging time and handle it with compassion and in compliance with the law. I would use him again and recommend him wholeheartedly!”
“Ty is detail oriented yet moves quickly to get results. He contemplates each step and what action should be taken. Ty looks out for his client's best interest and is available to talk during evening hours when it is more appropriate to discuss options to take from home. Also, Ty is expedient in getting information needed in order to be cognizant of finances. I highly recommend Ty for legal services, especially with employment law.”
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“Ty Hyderally is a lawyer's lawyer. I, also, used to handle plaintiffs' employment cases, but over time, those cases became more and more complicated and costly to pursue. They began to require the attention of a legal specialist. I decided against handling them personally. I was delighted when I met Ty. Now, I refer people to him all the time. I know that he will give the best advice and get the best results possible. I hope my employees don't have his card.”
“Many of my executive clients need to negotiate employment contracts or employment confilcts with their employer. As an executive coach, I support their efforts in all domains of their lives including recommending a lawyer when they have these employment contractual needs, I recommend Ty. Not once have I had any negative feedback from any client and all of my dealings with him have been very satisfying.”
“Ty is a very knowledgeable Attorney, who has demonstrated a very proven track record in handling Employment cases. His knowledge and assertive approach have made him a very successful Attorney.”
“I actually first worked with Ty at McKenna McIlwain LLP in 2008. Already I was impressed by his professionalism, client list and reputation. In 2011 I moved back to Montclair after a few years back home in Oregon. Ty was in need of a temporary administrative assistant and invited me to join his team at their new, independent location. I learned a great deal working with Hyderally & Associates, P.C. They have earned their reputation as the hardest hitting, best representation available for employment matters in New Jersey and New York alike. They are attentive, fair, and go every extra mile to ensure due diligence. I am proud to have them on my resume and am happy for the experience of being part of such a busy, professional and fast paced team.”
“Ty secured settlements that were nothing less than outstanding for my clients/contacts that I have referred to him. The quick speed with which he achieved his results was a huge bonus to those clients.”
“I have worked with Ty for years through the ABA Labor & Employment Law Section Employment Rights and Responsibilities Committee. Ty is a go-to source for exemplary presentations on trial practice. A tireless advocate for employee rights, Ty is an accomplished trial attorney and someone we can rely on and have repeatedly relied upon in mock trial presentations at our yearly conferences.”
“Ty is a regular lecturer at continuing education programs for lawyers. This means that because of his abilities he is called upon to enhance the skills of lawyers who are already experienced. He is well regarded as a trial lawyer and as a provider of legal advice to clients. I find that his companionable persona makes it easier to accept and understand his thoughts and advice.”
“I have known Ty Hyderally for several years and can only describe him as an expert in all areas of Employment law. I have referred several people to him in connection with their legal concerns and on each occasion I have been met with very positive feedback from these individuals and businesses. I have personally sought his counsel relating to a variety of business strategy issues within my own Insurance practice. With his substantial experience and proven track record, I wholeheartedly recommend his services.”
“Ty has represented me numerous times and I have always come out with positive results. He keeps you well informed at each step of the process and always makes you feel confident and secure. I highly recommend his services.”
“Ty and I worked at the same law firm Friedman Siegelbaum. I found him a pleasure to work with and an able and diligent attorney.”
“If ever someone needs an exceptional employment litigator, Ty is the first person that I think of. Not only is he incredibly intelligent, but he is able to craft litigation strategies to maximize his client's outcome. He is a relentless litigator, with great passion for his work. If you hire Ty, you will not be disappointed.”
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“I have been working with Ty for over 4 years. Ty is one person I would say pays attention to detail, works hard for his clients and gets the job done on time and with amazing results. I have referred clients to him and he has always given them star treatment was always up front and honest with them and they are so pleased with their outcomes and glad I made the introduction.”
“Ty was an adversary and never lost sight of his client's needs in seeking a resolution. I would not hesitate to recommend for plaintiffs in employment work. He is methodical and tenacious but fair and amenable to a just resolution.”
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“I have referred clients to Ty for employment issues. They told me that Ty was knowledgeable, courteous and promptly handled their matters. I can easily recommend Ty for people with difficult employment cases.”
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“I have worked with Ty Hyderally on the executive board of the New Jersey chapter of the National Employment Lawyers Association, and have discussed various employment matters with him. He is an excellent leader, always coming up with new ideas. Ty is truly an expert in employment law and I have found his analysis of both complex and simple matters to be dead on.”
"Ty and I have worked together on a case getting ready for trial. We have also worked on trial advocacy presentations for the ABA. Ty is a very experienced litigator. He has great trial skills and connects well with his clients, the court and jury. He blends a sense of humor with knowledge of the law and facts. He is a very effective advocate.”