I was passed over a promotion to an older employee which my manager stated is more mature. Is this age discrimination?

Unfortunately, you cannot avail yourself of the protections of the federal Age Discrimination in Employment Act (ADEA) because you are not yet 40 years old.  (29 U.S.C.A. § 631).  But, your right to be free from age-based employment discrimination is guaranteed by the New Jersey Law Against Discrimination (LAD), which categorically makes it unlawful to discriminate in employment against individuals based upon, among other things, age.  In 1999, the New Jersey Supreme Court held that the age discrimination protections of the LAD applied to employees of any age, not just older workers.  (Bergen Commercial Bank v. Sisler (1999) 157 N.J. 188.)

However, you should discuss your situation with a New Jersey plaintiff’s employment attorney before contacting any government agency. Employment discrimination law is extremely complex – your attorney can advise you not only about how best to prove your case in accord with LAD’s statutory requirements, but also about whether you could or should proceed to civil court to obtain the best remedy for your age discrimination claim.