TRENTON — Refusing to renew a contract with a worker because of age violates New Jersey’s anti-discrimination law, the state Supreme Court ruled today. The decision, in the case of a former college dean who worked under a series of multi-year contracts, says the law applies even though this was not a case of an “at will” employee being...
A 2007 photo of the Justices of the New Jersey Supreme Court hearing arguments in Trenton.
TRENTON — Refusing to renew a contract with a worker because of age violates New Jersey’s anti-discrimination law, the state Supreme Court ruled today.
The decision, in the case of a former college dean who worked under a series of multi-year contracts, says the law applies even though this was not a case of an “at will” employee being fired.
Citing significant public interest, the court issued a ruling even though former college dean Rose Nini and Mercer County Community College settled and were seeking to have the case dismissed after the justices heard oral arguments.
Claiming age discrimination, Nini, now 79, sued in September 2005, three months after the college did not renew her contract when it expired. Nini had worked under several contracts at the college for 26 years and held various positions that culminated in her becoming dean of corporate and community programs.
She said that in August 2004, the college’s then-president, Dr. Robert Rose, “made it very clear to (her) that he thought (she) had no right to be working at (her) age,” according to the decision.
A trial court found Nini was not protected by the New Jersey Law Against Discrimination because her separation — which gave her a year’s notice — was not a termination. That court found Nini instead was not rehired.
The law does allow employers to refuse to hire people over age 70, but the high court, in a 6-1 decision that sides with an appeals court panel, found the “over 70 exception” pertains to new hires and did not apply in Nini’s case.
Justice Roberto Rivera-Soto dissented, saying he agreed with the trial court and the case was moot because it had settled.
Walter Kawalec, the attorney for the college, declined to comment today. Blader declined to detail the settlement terms but said Nini, of Princeton Township, did not return to work at the college.
Nini said she’s glad the case is finally over.
“It’s been a long, long haul and sad for me in many ways,” she said. “There were times when I questioned my own sanity. I’m glad I stuck with it.”
The Times of Trenton contributed to this report.