An old saying attributed to George Bernard Shaw is that “youth is wasted on the young.” However, in the wake of the New Jersey Supreme Court’s recent decision in Bergren Commercial Bank v. Sisler, [FOOTNOTE 1]holding that the New Jersey Law Against Discrimination (NJLAD) permits individuals under the age of 40 to bring claims of age discrimination against current or prospective employers, the young may glean wisdom well beyond their tender years.
The Bergrendecision, based on a widely duplicated state statute from a jurisdiction with well-developed employment law jurisprudence, has potential ramifications nationwide. The case itself also raises perplexing questions about compliance and employer liability.
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