NJLAD Posts

On October 5, 2021, Governor Phil Murphy signed a new law (A681), which amends the New Jersey Law Against Discrimination (NJLAD) to expand age discrimination protections for New Jersey workers who are 70-plus years old. The legislation passed both houses of the Legislature without any no votes.

While NJLAD already prohibited age discrimination, an exception existed, allowing employers to decide not to hire or promote workers over 70 based on their age. The new law eliminated this exception and further repealed the mandatory retirement age of 70 for tenured professors. The legislation additionally makes it more difficult for a government employer to set a mandatory retirement age...

No harm, no foul often used to be the argument of certain employers, as part of their defense to failure-to-accommodate claims. In other words, if there was no adverse job action that came as a result of a failure to accommodate, the failure to accommodate claim was non-existent.

The New Jersey Supreme Court, however, ruled unanimously on June 8, 2021, in Richter v. Oakland Bd. of Educ., (A-23-19) (083273), that an adverse...