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08 Dec

December 2021: New Jersey Passes Age Protections for Employees Aged 70 and Over

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Update Applicable to:
All employers in New Jersey.

What happened?
On October 5, 2021, Governor Murphy signed legislation expanding the New Jersey Law Against Discrimination (NJLAD), providing increased protection against age discrimination for workers 70 years of age and older.

What are the details?
Effective October 5, 2021, employers are prohibited from discriminating against employees from being hired or promoted because they are 70 years of age or older.

Employees that are 70 years of age and older can now pursue claims and damages available under the NJLAD, including compensatory damages, punitive damages, back pay, front pay, and attorneys’ fees. In addition, those forced to retire at a certain age are limited to filing a complaint with the state’s Attorney General with potential relief limited to reinstatement with back pay and interest.

For more information, please see the links below:

New Jersey Law Against Discrimination

Article 1Article 2Article 3

What do employers need to do?
Employers should review the links provided above, make changes to their hiring and promotion policies, and train supervisors and managers to understand that they cannot refuse to accept employment or to promote any person over 70 years of age.