The age of 70 exception in New Jersey law against discrimination does not apply to non-renewal of existing employee's contract.

The plaintiff worked for the public entity Mercer County Community College for approximately 25 years, each year working on a yearly contract that had to be renewed for her to work the next year. In June 2005, the plaintiff was over 70 years old, and her contract was not renewed. The New Jersey Supreme Court held that the over the age of 70 exception in the New Jersey Law Against Discrimination does not apply to the non-renewal of an existing employee's contract.

Case Law Alert - 3rd Qtr 2010