The New Jersey Law Against Discrimination was originally enacted in 1945. In the decades since, the legislature and the courts have expanded the reach of the LAD in order to reflect various changing realities. A recent decision by the Appellate Division may perhaps open the door for yet another group of workers when it comes to the LAD: out-of-state telecommuters. This decision highlights how the law can change and how it pays to retain a knowledgeable New Jersey age discrimination attorney if you think you’ve been a victim of age discrimination.
The employee, Susan, had worked for 12 years for a company that was based in Haddonfield. During her employment, she only visited New Jersey a few times on business from 2003-08, and none from 2009-15. During the entire 12-year period, she never lived in New Jersey and never worked here. At all times, Susan worked remotely from her home in Massachusetts. She used an employer-provided laptop to connect to the employer’s computer server, and she used an employer-provided phone to participate in company conference calls.
After the employer terminated her employment, Susan brought a lawsuit in New Jersey, alleging age discrimination in violation of the LAD. The employer asked the court to throw out the lawsuit because Susan did not meet the requirements to bring a LAD lawsuit. The trial judge agreed and threw out the case.