Bill

Bill > A681


NJ A681

NJ A681
Expands scope of law prohibiting age discrimination.


summary

Introduced
01/14/2020
In Committee
05/06/2021
Crossed Over
03/25/2021
Passed
06/21/2021
Dead
Signed/Enacted/Adopted
10/05/2021

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill amends current law to extend protections against age discrimination by: 1. Deleting the provision of section 1 of P.L.1938, c.295 (C.10:3-1) that permits a governmental employer to require retirement when an employee attains a particular age if the employer can show "that the retirement age bears a manifest relationship to the employment in question"; 2. Deleting the provision of section 11 of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-12) that states: "nothing herein contained shall be construed to bar an employer from refusing to accept for employment or to promote any person over 70 years," having the effect of no longer permitting employers to refuse to hire persons for the sole reason of being more than 70 years old; 3. Amending section 5 of P.L.1985, c.73 (C.10:5-12.1) to provide that, in a claim of unlawfully being required to retire because of age, an employee has available all of the remedies provided by any applicable law, instead of, as that section currently provides, being limited to filing a complaint with the Attorney General and having relief limited to reinstatement with back pay and interest; and 4. Repealing section 4 of P.L.1985, c.73 (C.10:5-2.2), which permits institutions of higher education to require tenured employees to retire at the age of 70 years.

AI Summary

This bill expands the scope of the law prohibiting age discrimination. It removes the provision that allows a governmental employer to require retirement when an employee reaches a particular age if the employer can show the retirement age bears a "manifest relationship" to the employment. It also removes the provision that currently permits employers to refuse to hire persons over 70 years old. Additionally, the bill provides that employees who are unlawfully required to retire due to their age have access to all available remedies, rather than being limited to filing a complaint with the Attorney General. Finally, the bill repeals a law that permits higher education institutions to require tenured employees to retire at age 70.

Committee Categories

Labor and Employment

Sponsors (32)

Last Action

Approved P.L.2021, c.248. (on 10/05/2021)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...