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ARTICLE · 26 OCTOBER 2021

New Jersey Expands Age Discrimination Protection

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On 5 October 2021, the Governor of the US state of New Jersey Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination...

United StatesEmployment and HR
Nicole Falcey (FordHarrison LLP)
Nicole Falcey (FordHarrison LLP)
Matthew T Clark (FordHarrison LLP)
Matthew T Clark (FordHarrison LLP)

On 5 October 2021, the Governor of the US state of New Jersey Phil Murphy signed into law amendments to the New Jersey Law Against Discrimination that significantly increase older workers' ability to bring age discrimination claims.

While the New Jersey Law Against Discrimination (NJLAD) has always prohibited age-based discrimination in employment, the new amendments introduced this month create a new private right of action for claims of forced retirement (where employees are required to leave employment at a set age) and eliminate a 'safe harbour' provision that limited damages and gave small businesses more flexibility to manage their workforces.

Prior to the amendments, NJLAD provided no private right of action for forced retirement claims. Instead, plaintiff-employees were only permitted to bring forced retirement claims by submitting a complaint to the Office of the Attorney General. Following the amendments, plaintiff-employees may now either bring

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