New Jersey § 10:5-2

§ 10:5-2.

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.