The New Jersey Law Against Discrimination (“LAD”), already one of the strongest anti-discrimination laws in the country, was recently amended to expand protections to workers 70 and over. 

Pursuant to the amendments, employers are no longer permitted to refuse to hire or promote an individual because they are over 70.  Surprisingly, prior to the amendment employers were permitted to refuse to hire or promote an individual if they were at least 70 years old.

In addition, individuals who are 70 or older may now recover the full complement of damages available under the LAD, which includes back pay, front pay, compensation for emotional distress pain and suffering, punitive damages, and attorneys’ fees and costs.  Prior to the amendment, such individuals were limited to filing a complaint with the State Attorney General and obtaining reinstatement with back pay and interest.

Finally, institutions of higher learning are no longer permitted to require tenured employees to retire at 70 years old.

Given that an increasing number of people wish to continue working past the traditional retirement age this is welcome news.  If you believe that you are the victim of age discrimination in the workplace, please contact the Law Offices of Damian Christian Shammas, LLC for a free consultation to discuss your situation.