According to a report issued the United States Equal Employment Opportunity Commission, only three percent of older adults who are victims of workplace discrimination will submit a formal complaint to their employer or the appropriate government agency. The report is based on research conducted by the AARP.
Pregnant women in New Jersey and across the country continue to face discrimination in the workplace whether through denial of promotions, altered job tracks or even dismissal. In some of America's largest corporations, women continue to face discriminatory treatment despite these being corporations with significant legal counsel and knowledge that pregnancy discrimination is unlawful.
Job applicants in New Jersey might recognize the excuse that too much experience disqualifies someone for a job as age discrimination. A lawsuit recently filed by a man in his early 60s concerns this tactic for denying jobs to older candidates. His employer, a microelectronics company, asked a judge to issue a summary judgment in its favor, but the judge denied the motion. The judge deemed the evidence sufficient for the age discrimination case to advance to a jury trial.
For many New Jersey women in the workplace, the impact of gender discrimination and sexual harassment continues to be significant. The #MeToo movement has drawn attention to systematic discrimination against women in many industries and highlighted the fact that while progress has been made over the years, there are still significant problems with which to contend. Public calls for sex and gender equality have become prominent and well-accepted, yet women in the workplace continue to face barriers to advancement as well as unwanted sexual attention.
Women in New Jersey who focus on their careers later in life face challenges based on both gender and age stereotypes. Although many people harbor negatives associations about both older men and women, people judge older women more harshly on their physical appearance than older men according to a study by the National Bureau of Economic Research.
Title VII of the Civil Rights Act of 1964 prohibits employers in New Jersey from discriminating against workers. Mistreatment inspired by someone's race, religion, national origin or sex is illegal for employers. However, federal law fails people who work for small companies or private households. Federal law only applies to employers with 15 or more employees.
Employees who are victims of sexual harassment may face hurdles when it comes to speaking out about their experiences. This is because employers put arbitration clauses inside of their contracts. Therefore, victims don't have the right to go to court to pursue legal action, and they generally can't appeal an arbitrator's decision. One attorney even stopped defending employers after finding out what their contracts said.
According to data from ProPublica, IBM has gotten rid of roughly 20,000 workers aged 40 and older over the past five years. That is roughly 60 percent of those who work for the company. This has been accomplished by asking older employees to take early retirement, laying them off or simply terminating them outright. In some cases, workers in New Jersey and around the country were terminated and rehired as consultants.
Employers in New Jersey and the rest of the U.S. are prohibited from discriminating against workers in all aspects of employment on the basis of certain protected statuses. Recently, Google was sued by a former employee of Youtube for its allegedly discriminatory recruiting and hiring practices.
In fiscal year 2017, there were 84,254 charges of discrimination in the workplace made by New Jersey residents and others in America. During that same period of time, the EEOC was able to resolve 99,109 charges and reduce case inventory to 61,621. That was a 16.2 percent reduction during fiscal year 2017, and it was also the lowest number in a decade.