On October 5, 2021, Governor Phil Murphy signed legislation (A681) amending the New Jersey Law Against Discrimination (NJLAD) to expand protections for the state’s older workers. While the NJLAD already prohibited age discrimination, it contained an exception permitting employers to decide not to hire or promote workers over 70 based on their age. The new amendments remove this exception to the law. In addition, the amendments remove a provision that permits higher education institutions to require tenured professors to retire at 70 years old, makes it more difficult for a government employer to set a mandatory retirement age, and expands remedies to an employee required to retire due to age.
New Jersey employers that previously relied on these provisions should be sure to update their policies and practices. If you require any assistance, Reed Smith’s experienced Labor and Employment attorneys are available to assist.