On October 5, 2021,the Governor of New Jersey, Phil Murphy, signed a bill into law that expands the scope of Law Against Discrimination (LAD). The expanded LAD will provide further protections against age discrimination by employers.
The current LAD in New Jersey prohibits discrimination and harassment based on actual or perceived race, religion, national origin, gender, sexual orientation, gender identity or expression, disability, and other protected characteristics, including age. The expanded LAD extends protections against age discrimination in the following ways:
- Implementing a higher standard for a government employer in terms of setting a mandatory retirement age;
- Eliminating the provision of the law that allows employers not to hire or promote workers over 70 years old;
- Removing the provision within the law that permits higher education institutions to require tenured employees to retire at 70 years old; and
- Expanding the remedies available to an employee required to retire due to age to include all remedies available under the LAD, and not just reinstatement of employment with backpay.
Assemblymembers Valerie Vainieri Huttle and Angela McKnight stated, “Not every worker has the luxury of retiring at age 65. Some will still need to work well into their golden years to be able to live independently. Others may simply want to keep working for their own personal fulfillment. In any case, older workers should be able to retire by their own volition, not because an employer forced them out solely because of their age. This discriminatory practice furthers unfounded assumptions about age and ability and restricts opportunities for older adults in the workforce who may still need a source of income. This new law is long overdue. It’s time to update our State laws to fully prohibit age discrimination in the workplace and open doors for older workers to stay employed.”
The Executive Director of New Jersey Advocates for Aging Well (NJAAW), Cathy Rowe, stated, “New Jersey Advocates for Aging Well (NJAAW) applauds the passage of this bill that eliminates mandatory retirement age and looks forward to the positive impact it will have for so many people in our state.”
Compliance Perspective
Issue
It is unlawful to discriminate against employees based upon their age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older. Some states have laws that protect younger workers from age discrimination, so it is important that you are aware of your state’s requirements. Every company must have a ‘Zero Tolerance’ policy regarding discrimination. All employees, regardless of their position in the facility, must comply with the policy.
Discussion Points
- Review your policy and procedures on age discrimination, and update as needed. If your facility is located in New Jersey, ensure that your policy is updated to include the enhanced LAD.
- Train all staff on your policy and procedures for age discrimination. Ensure that staff who have authority to make hiring decisions are knowledgeable about the prohibition of age discrimination. Document that the training took place and file each signed document in the employees’ individual education files.
- Periodically audit staff understanding to ensure that they are aware of your age discrimination prohibition policy, and determine if they have ever felt as though they have been discriminated against because of their age. Review your employment practices to ensure they are discrimination-free, including not basing hiring decisions on age of the applicant. Additionally, audit to ensure staff are aware of how they can report age discrimination.
*This news alert has been prepared by Med-Net Compliance, LLC for informational purposes only and is not intended to provide legal advice.*
