SECTION 335:15-11-4. Age discrimination in help wanted notices or advertisements

(a)   When help wanted notices or advertisements contain terms and phrases such as "age 25 to 35,', "young," "college student," "recent college graduate," "boy," "girl," or others of a similar nature, such a term or phrase deters the employment of older persons and is a violation of the Act, unless one of the exceptions applies. Such phrases as "age 40 to 50," "age over 65," "retired person," or "supplement your pension," discriminate against others within the protected group and, therefore, are prohibited unless one of the exceptions apply.

(b)   The use of the phrase "state age" in help wanted notices or advertisements is not, in itself, a violation of the Act. But because the request that an applicant state his age may tend to deter older applicants or otherwise indicate discrimination based on age, employment notices or advertisements which include the phrase "state age," or any similar term, will be closely scrutinized to assure that the request is for a lawful purpose.