State and Local Protections Against Age Discrimination
In addition to the federal protections provided under the Age Discrimination in Employment Act (ADEA), many states and cities have enacted their own laws prohibiting age discrimination. Local anti-discrimination laws, such as the Pennsylvania Human Relations Act (PHRA), and the Philadelphia Fair Practices Ordinance, have provisions in place to protect employees from age discrimination in the workplace. Likewise, the New Jersey Law against Discrimination (LAD) makes discriminatory employment practices based on age unlawful.
Pennsylvania Human Relations Act (PHRA)
In Pennsylvania, the Pennsylvania Human Relations Act (“PHRA”) prohibits age discrimination in employment against employees age 40 or over and is interpreted and applied similarly to the ADEA; however, it applies to employers with as few as four employees. Before bringing a suit for discrimination based on age in federal or state court, you must file a claim of discrimination with The Pennsylvania Human Relations Commission, the agency charged with investigating and possibly prosecuting discrimination cases in the Commonwealth of Pennsylvania.
Philadelphia Fair Practices Ordinance
The Philadelphia Fair Practices Ordinance protects against age discrimination in the workplace within the Philadelphia borders. It provides that no employer in the City of Philadelphia shall discriminate against any employee or job applicant in the terms or conditions of employment on the basis of age. As with the ADEA and the PHRA, it protects employees 40+ years of age or older. The Ordinance is enforced by the Philadelphia Commission on Human Relations.
New Jersey Law against Discrimination (LAD)
The New Jersey Law against Discrimination (LAD) prohibits discrimination in employment based on age in the State of New Jersey. If you feel your rights have been violated, you may choose between filing a complaint with the New Jersey Division on Civil Rights and filing a complaint in the Law Division of the Superior Court of New Jersey. Each course of action has its own set of procedures, time limitations, and other requirements.
Obviously, the particulars of an age discrimination claim under the federal anti-discrimination law (ADEA), including who may file, time limitations and the remedies available, may differ from a claim filed under an applicable state or city’s anti-discrimination law. This requires an attorney specializing in employment law and knowledgeable about the filing of age discrimination claims. With unmatched experience and expertise, Sidney L. Gold and his team of employment lawyers can easily navigate the complicated rules and requirements associated with bringing an age discrimination claim in Philadelphia, as well as the surrounding jurisdictions of New Jersey, Delaware and New York.