On October 5, 2021, Governor Phil Murphy signed into law
amendments to the New Jersey Law Against Discrimination (NJLAD)
that significantly expand causes of action available to older
workers. While NJLAD has always prohibited age-based discrimination
in employment, the new amendments create a new private right of
action for forced retirement claims and eliminates a safe harbor
provision which limited damages and gave small businesses more
flexibility to manage their workforces.
Private Right of Action for Forced Retirement
Claims
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 standalone
forced retirement lawsuits, or include forced retirement causes of
action with other discrimination claims under NJLAD.
