Last week, the Courier-Post reported that New Jersey’s job market sustained a loss of jobs in July. The net loss of 11,800 jobs marks the first time since the beginning of 2013 that the state has lost jobs. The findings are from a survey of employers and households that is designed to determine both the number of jobs and the unemployment rate.

This report is yet another reminder that here in New Jersey the recovery from the recession is moving slowly. And, unfortunately, in tough job markets, discrimination tends to surface. It has been reported that age discrimination is affecting many older workers in this current market.

Statistics show that, as of July, out-of-work Americans ages 55 and older tended to be unemployed for an average of 51 weeks. Those between the ages of 20 and 24 were only unemployed for an average of 27 weeks.

The federal Age Discrimination and Employment Act bars employers from making employment decisions based on the fact that an employee is 40 or older, but many employers ignore this law.

Within the last 15 years, according to the U.S. Equal Employment Opportunity Commission, the number of age discrimination complaints have increased by 45 percent.

In poorer job markets, older workers may be the first to be laid off and the last to be rehired. Employers sometimes discriminate against older workers because of assumptions that they may have higher salary expectations or outdated skillsets compared to younger workers.

Age discrimination can be difficult to prove due to a recent Supreme Court decision that raised the burden of proof. Wronged employees have to prove that age was the motivating factor that resulted in the employer’s action, not just one among other contributing factors.

Nonetheless, victims of employment discrimination should not be discouraged from standing up for their rights. Victims of age discrimination may benefit from seeking legal counsel.

Source: dallasnews.com, “Older workers face being left behind in today’s job market,” Sheryl Jean and Pamela Yip, Aug. 10, 2013

Source: Courier-Post, “N.J. lost 11,800 jobs in July; unemployment rate drops to 8.6 percent,” Michael L. Diamond, Aug. 15, 2013