Contract Nonrenewal Not Covered by NJLAD’s “Over 70 Exception”

Nini v. Mercer Cty. Community College, No. A-13/14-09 (N.J., June 1, 2010) – The New Jersey Law Against Discrimination (NJLAD) excludes from the definition of unlawful age discrimination “refusing to accept for employment or [promoting] any person over 70 years of age.” In this matter, the Supreme Court affirmed the Appellate Division’s April 2009 decision holding that a contract nonrenewal is equivalent to a termination, and therefore, is not covered by the NJLAD’s “over 70 exception” (see the May 2009 issue of the New Jersey eAuthority). Therefore, if a plaintiff’s contract nonrenewal is based upon age, it is a violation of the NJLAD.