N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-2.1
Other laws unaffected
Operative Text
Nothing contained in this act or in P.L. 1945, c. 169 (C. 10:5-1 et seq.) shall be construed to require or authorize any act prohibited by law, nor to prevent the award of a contract to a small business enterprise, minority business enterprise or women's business enterprise under P.L. 1985, c. 490 (C. 18A:18A-51 et seq.) nor to conflict with the provisions of chapter 2 (child labor) of Title 34 of the Revised Statutes, nor to require the employment of any person under the age of 18, nor to prohibit the establishment and maintenance of bona fide occupational qualifications or the establishment and maintenance of apprenticeship requirements based upon a reasonable minimum age, nor to prevent the termination or change of the employment of any person who in the opinion of the employer, reasonably arrived at, is unable to perform adequately the duties of employment, nor to preclude discrimination among individuals on the basis of competence, performance, conduct or any other reasonable standards, nor to interfere with the operation of the terms or conditions and administration of any bona fide retirement, pension, employee benefit or insurance plan or program, including any State or locally administered public retirement system, provided that the provisions of those plans or programs are not used to establish an age for mandatory retirement. 1962,c.37,s.8; amended 1980,c.90,s.16; 1985,c.73,s.2; 1985,c.490, s.10; 1988,c.37,s.9.
N.J.S.A. 10:5-1 et seq. § 10:5-2.1 is a savings clause within New Jersey's Law Against Discrimination that clarifies the statute's limits. It makes clear that the anti-discrimination law does not override other existing legal requirements, does not prohibit lawful preferences for small, minority-owned, or women-owned businesses under separate contracting statutes, and does not bar employers from applying genuine occupational qualifications, reasonable age-based apprenticeship standards, or performance-based distinctions. The provision also preserves the operation of legitimate retirement, pension, and employee benefit plans, as long as those plans are not used to impose a mandatory retirement age.
Plain English — not legal advice.
Property owners and managers operating in New Jersey should understand that N.J.S.A. 10:5-1 et seq. § 10:5-2.1 preserves certain employer prerogatives that might otherwise appear to conflict with the Law Against Discrimination. Operators who maintain bona fide occupational qualifications, enforce reasonable performance or conduct standards, or administer legitimate employee benefit and pension plans are generally acting within the space this provision carves out. Housing providers who also function as employers should ensure that any age-related provisions in their benefit or retirement plans are not structured to impose mandatory retirement, as that use falls outside the protections § 10:5-2.1 extends.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants who are also employees or job applicants, N.J.S.A. 10:5-1 et seq. § 10:5-2.1 clarifies that New Jersey's anti-discrimination protections do not eliminate every distinction an employer may draw—lawful occupational qualifications and performance-based decisions remain permissible. However, this savings clause does not allow employers to use benefit or retirement plans as a vehicle for mandatory age-based retirement, which remains prohibited. Individuals who believe a distinction crosses from a permissible standard into unlawful discrimination may consider filing a complaint with the New Jersey Division on Civil Rights or consulting a tenant- or worker-rights organization for general information about available enforcement paths.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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