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Older New Jersey Workers Gain More Protection Under New State Law

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Last week, New Jersey Governor Phil Murphy signed into law further protections for older workers against age discrimination by amending the New Jersey Law Against Discrimination (NJLAD).

The amendment, which was signed by the governor on October 5, changed the NJLAD in the following ways:

  • Deleted a provision that allowed employers to not hire or not promote employees over age 70 because of their age;
  • Deleted a provision that permitted higher education institutions to require tenured employees to retire at 70 years old
  • Allows employees to seek all remedies permitted by NJLAD if they are required to retire because of age. Previously, employees who were required to retire because of their age were limited to filing a complaint with the Attorney General and having relief limited to reinstatement with back pay and interest.
  • Requires public employers to have proof the person being required to retire can no longer perform their duties.

This newly signed state law, A681, makes it more difficult for New Jersey public employers and higher education institutions to set mandatory retirement ages.  It also makes it more likely that employees over age 70 will file a claim if they believe they have been terminated, not hired, or passed over for promotion because of age.  

Age discrimination is a continuing problem in the workforce. Those who believe they may have been a victim of age discrimination at work, or have experienced any other type of employment discrimination, should contact the Cherry Hill age discrimination lawyers at Sidney L. Gold & Associates, P.C. For a free consultation, call us at 856-245-5737 or contact us online. Located in Pennsauken, New Jersey, and Philadelphia, Pennsylvania, we serve clients throughout southeastern Pennsylvania and South Jersey, including Wilkes-Barre, Scranton, Northeast Philadelphia, Bucks County, Chester County, Delaware County, and Montgomery County.

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