Winkel v. Spencer Gifts, Docket No. A-1343-08T1, (App. Div. Jan. 4, 2010)

In age discrimination claims under the New Jersey Law Against Discrimination, claimants need not show that they were replaced by younger workers but must only show that age played a role in the decision.

The plaintiff's position as Divisional Vice President of Informational Services was eliminated, and he was terminated at the age of 57. The plaintiff alleged that his duties were distributed among remaining workers who were younger. While sustaining the Order dismissing the claim, the Appellate Division held that the plaintiff was not required to show that he was replaced by a person outside the protected category and that the prima facie elements of the claim only mandate the production of evidence that the employment decision was motivated by the plaintiff's age.

Case Law Alerts - 2nd Qtr 2010