Genova Burns Counsel Brigette N. Eagan, Esq. discusses "Extended protection" - A bill unanimously approved by both houses of the Legislature that would broaden the state’s prohibition against age discrimination in a recent NJBIZ article.
Employers may soon be unable to reject an applicant based on elder age, and folks 70 and older may be protected from forced retirement with the signing of a bill that received unanimous approval in the Senate and Assembly in June. The measure, S-397, includes the deletion of a 1938 provision that allows a government employer to require age-specific retirement if the employer can show “that the retirement age bears a manifest relationship to the employment in question” and the deletion of another within the Law Against Discrimination in 1945 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.”
Ms. Eagan notes that, "it’s important that anyone who screens job applicants is trained on the law, and that if someone won’t be hired, they need to document why."
“Once you expand the scope and whenever you have an employee protective law, you won’t be surprised to see employees or applicants availing themselves of that law. If an applicant or current employee falls within that group, they will avail themselves of that law,” Ms. Eagen said.
Those with subscriptions to NJBIZ can access the full article by clicking here.