OPINION AND ORDER
ALFRED J. LECHNER, UNITED STATES DISTRICT JUDGE.
This is an action in which a former employee alleges her employer discriminated against her on the basis of age and sex by failing to promote her in violation of the Age Discrimination in Employment Act ("ADEA") and Title VII of the Civil Rights Act of 1964 ("Title VII") The plaintiff also alleges violations of New Jersey statutory and common law. In this motion the defendant moves to dismiss the complaint on various grounds or in the alternative for summary judgment. For the following reasons the motion for summary judgment is granted.
Plaintiff Elizabeth J. Crandall, M.D. ("Crandall") is a resident of New Jersey and is a physician licensed in New Jersey and New York. Complaint, para. 2; Affidavit of Elizabeth J. Crandall, M.D. ("Crandall Aff."), para. 1. Crandall received her medical degree from Columbia University College of Physicians and Surgeons in 1950. Crandall Aff., para. 3. Defendant The Prudential Insurance Company of America ("Prudential") is a New Jersey corporation with its principal place of business in Newark, New Jersey. Complaint, para. 3.
For approximately twenty years prior to her employment with Prudential, Crandall was in private practice. Crandall Aff., para. 3. In 1972 Crandall joined Prudential as a part-time insurance physician. Id. at para. 3. Crandall joined the full-time medical staff of Prudential as an associate medical director in June, 1975. Id. at para. 5. Crandall initially worked out of a Prudential office in Newark. Deposition Transcript of Elizabeth J. Crandall ("Tr."), 16-17. In 1976 Crandall was transfered to the South Plainfield office. Tr. 20-21. Her office was transferred to Prudential's Woodbridge office around the beginning of 1984. Transcript of Oral Argument, July 20, 1988 ("7/20/88 Tr."), at 7.
Crandall's husband, Charles E. Crandall, M.D. ("Crandall's husband"), is also a graduate of Columbia University College of Physicians and Surgeons and a physician licensed in New Jersey. Complaint, para. 11. Crandall's husband joined Prudential in 1976 as an associate medical director. Id., para. 10. In November, 1978 the titles of all associate medical directors at Prudential, including those of Crandall and Crandall's husband, were changed to medical director. Id. at para. 7; Tr. 32.
Crandall states from November, 1978 to May, 1985 there were several openings at the functional vice president
level at Prudential. Crandall Aff., para. 8. Crandall states she was fully qualified for these positions and she had either "generally or specifically" expressed her interest and availability for the positions. Id. Crandall avers Prudential denied her each of these promotions and denied her requests to transfer to advance her career. Id. at para. 9. According to Crandall, in some instances Prudential required her to perform the functions of higher level positions without actually promoting her. Id.
Crandall asserts Prudential, at an unspecified time in 1985, offered her a lucrative early retirement plan. She states she discussed her potential for promotion with Prudential's management and based on their positive reaction and encouragement of her desired advancement to functional vice president, Crandall decided to forego early retirement. Id. at para. 11.
In May, 1985 Prudential offered Crandall a newly created position as Medical Director for Cost Containment, Group Department. This position was offered initially at the medical director level with a salary of $ 68,700.00. Crandall Aff., Ex. B. In a letter to Prudential, dated June 11, 1985, Crandall stated: "I am ready to accept your offer if it comes with the rank of functional Vice President and the benefits which accrue from that title." Defendant's Exhibits ("Ex.") D-9.
Around June 21, 1985 Prudential informed Crandall that due to organizational changes, the functions of the position of Medical Director for Cost Containment, Group Department had been changed. Crandall Aff., Ex. C. The title of the new position being offered to Crandall was Medical Director, PACRS, GFSO. The position continued to be offered at the director level with a salary of $ 68,700.00. Id.
In a letter, dated June 21, 1985, communicating this change in the position offered to Crandall, the Vice President of Medical Services at Prudential, Dan Dragalin ("Dragalin"), stated:
With respect to future potential, as we discussed, I fully expect the position under consideration to be an FVP [functional vice president] level position in April, 1986. If you accept the position being offered, I can, at this time, realistically see no reason why you would not continue to occupy the position in April, 1986 (unless job performance is unsatisfactory -- which I surely do not expect).