EEOC Informal Discussion Letter

EEOC Office of Legal Counsel staff members wrote the following informal discussion letter in response to an inquiry from a member of the public. This letter is intended to provide an informal discussion of the noted issue and does not constitute an official opinion of the Commission.

ADEA: Benefits

June 3, 2002

Dear :

This is in reply to your letter of April 24, 2002, to Chair Cari M. Dominguez. In your letter, you state that the New Jersey Department of Labor requires that unemployment benefits received by an individual be reduced by the amount of any pension that the unemployed individual is eligible to receive. You indicate that you believe this practice violates the Age Discrimination in Employment Act of 1967 (ADEA).

Section 4 of the ADEA makes it unlawful for an employer, employment agency, or labor organization to discriminate against an individual because of that individual's age. The ADEA generally does not prohibit discrimination against an individual by a State agency unless that agency acts in some way as the employer of that individual.

Because you were employed by a private employer, , and not by the State of New Jersey, and it does not appear that in any way New Jersey has acted as your employer in this situation, the ADEA does not provide protection regarding the unemployment compensation benefits provided by the New Jersey Department of Labor. We cannot comment upon rights you may have under New Jersey law with regard to your claim.

We hope this information has been helpful.

Sincerely,

Dianna B. Johnston
Assistant Legal Counsel

This page was last modified on April 27, 2007.