Failure to renew employment can be akin to discharge.

After working for the college for 26 years, and under a number of consecutive contracts, the plaintiff was advised that her contract of employment would not be renewed. The plaintiff filed a lawsuit under the New Jersey Law Against Discrimination alleging age discrimination; however, the Complaint was dismissed by the trial court based upon a finding that the protections afforded by the LAD did not apply to hiring decisions for persons over the age of 70. In reversing this decision, the Supreme Court concluded that the non-renewal of employment was not the same as a decision not to hire a new employee and, therefore, the age limitation did not apply.

Case Law Alert - 3rd Qtr 2010