In a recent ruling a New Jersey employment lawyer representing the employee was successful in reversing a New Jersey trial court in an age discrimination case brought by a 73 year-old employee under New Jersey employment law.
The New Jersey Appellate Division recently ruled that the New Jersey Law Against Discrimination ("LAD") protects an individual over the age of 70. In a case where the employer failed to renew the contract of a 73 year-old non-faculty employee at the Mercer Community College, the College defended the case based on the specific language contained within the NJ LAD which states that an employer cannot be liable for failing to promote or hire an individual over the age of 70. The College contended that it simply did not "hire" the employee when the contract came up for renewal. The trial court agreed with the College. The case was thrown out on summary judgment at the trial level.
The employee's counsel, a New Jersey employment lawyer, appealed and the New Jersey Appellate Division reversed. The New Jersey Appellate Division noted that the non-faculty employee was hired pursuant to three-year renewable contracts. Finding that that the non-renewal of the employee's contract was the functional equivalent of discharging the employee, the New Jersey Appellate Division reversed and reinstated the employee's claim for age discrimination under the NJ LAD. The Court stated that an employee irrespective of his or her age may bring a discharge case based on age discrimination under the NJ LAD. Because the Court found that the non-renewal of the employee's contract was the functional equivalent of a termination, the NJ LAD did not bar the employee's claim.
