New Jersey Significantly Expands Protections for Workers Over 70 Years of Age

On October 5, 2021, Governor Murphy signed into law an amendment to the New Jersey Law Against Discrimination (NJLAD), which significantly expanded the anti-discrimination protections provided to certain older workers. More specifically, the amendment removed provisions from NJLAD that excluded individuals of 70 years of age or older from some of the law’s protections.

Although NJLAD is generally considered one of the broadest anti-discrimination laws in the nation, it did provide lesser protections to employees 70 years of age or older. In fact, prior to the amendment, NJLAD expressly permitted employers to refuse to hire or promote any person over 70 years of age. Thus, an employer that refused to hire or promote an applicant or employee who was at least 70 years old, would not be liable for discrimination under NJLAD, even if age was a determinative factor in that decision. Now it will be.

The amendment, which became effective immediately, made the following changes to NJLAD:

• Eliminated the provision of the law that allowed employers not to hire or promote workers over 70 years old.

• Implemented a higher standard for a government employer in setting a mandatory retirement age.

• Removed the provision within the law that permitted higher education institutions to require tenured employees to retire at 70 years old.

• Expanded the remedies available to an employee required to retire due to age to include all remedies available under NJLAD.

New Jersey employers should immediately review their hiring and promotion practices to ensure that they do not exclude individuals of 70 years of age or older. This would include any mandatory retirement policies.

If you have questions about your business’s employment practices or policies, please contact us at (201) 345-5412 or through our online scheduling calendar to set up a complimentary consultation.