Search Rutgers Law Library N.J. Court Opinions

1 Lula M. Henry v. New Jersey Department of Human Services -- rank: 1000

... discharge retaliation brought under the antiretaliation provision of the LAD, N.J.S.A. 10:5-12(d). 200 N.J. at 561. The plaintiff claimed that ...

docket:	a-69-09
court:	New Jersey Supreme Court
decided:	2010-12-10
status:
citation:	204 N.J. 320 9 A.3d 882
Document Size:	821745

2 C.V. v. Waterford Township Board of Education -- rank: 905

... “on account of . . . sex” in violation of the LAD, N.J.S.A. 10:5-12(f). Dean admitted in his deposition that he had sexually ... The LAD proscribes discrimination “because of” sex in employment. N.J.S.A. 10:5-12(a). In places of public accommodation, discrimination “on account ... agent, or employee of any place of public accommodation,” N.J.S.A. 10:5-12(f), to say they did not discriminate “on account ... in violation of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-12(f). In Lehmann v. Toys ‘R’ Us, Inc., we ... harassment brought against schools as places of public accommodation under N.J.S.A. 10:5-12(f). The first prong of the Lehmann standard, on which ... origin, sex, gender identity or expression, sexual orientation, etc. See N.J.S.A. 10:5-12. If the Legislature had intended “all (child) sexual ...

docket:	a-24-22
court:	NJ Superior Court Appellate Division
decided:	2023-09-12
status:
citation:
Document Size:	77948

3 Delanoy v. Township of Ocean -- rank: 902

... existing LAD prohibitions or protections presented in many subsections of N.J.S.A. 10:5-12; it also added an entirely new section to that statute ... Specifically, the Court considers the Appellate Division’s determination that N.J.S.A. 10:5-12(s) creates three distinct statutory causes of action: 1) � ... pregnant and breastfeeding employees three distinct causes of action within N.J.S.A. 10:5-12(s): 1) unequal or unfavorable treatment; 2) failure to accommodate ... pregnant or breastfeeding” into other pre-existing protective subsections of N.J.S.A. 10:5-12. (pp. 13-15) 3. Here, the Maternity SOP was facially ... 99-104, the Court focuses on the statutory direction in N.J.S.A. 10:5-12(s), which does specifically address pregnancy accommodation and thus calls ... notes that the distinctions between subsections (s) and (q) of N.J.S.A. 10:5-12 reinforce this construction of subsection (s). (pp. 22-24) ...

docket:	a-68-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	63512

4 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R 1:36-3 CARL E. LARSON v. CITY -- rank: 899

... it lacked jurisdiction over plaintiff's age discrimination claim because N.J.S.A. 10:5-12.1 requires that forced retirement claims be filed exclusively with ... lacked jurisdiction to adjudicate plaintiff's retaliatory discharge claim under N.J.S.A. 10:5-12.1. Second, the court also concluded plaintiff's common law ... We address the court's findings in turn. A. Jurisdiction N.J.S.A. 10:5-12.1 states: Notwithstanding any provision of law to the contrary ... been required to retire in violation of the provisions of [N.J.S.A. 10:5-12] , shall be available to the person aggrieved by that violation ... being required to retire in violation of the provisions of [N.J.S.A. 10:5-12] shall be limited to his reinstatement with back pay and interest. [ N.J.S.A. 10:5-12.1 (emphasis added).] The court dismissed plaintiff's retaliatory ...

docket:	a2526-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	60024

5 OASIS THERAPEUTIC LIFE CENTERS, INC v. PETER G. WADE -- rank: 857

... a discriminatory intent, unlawful to interfere with another's transaction, N.J.S.A. 10:5-12(n). Plaintiff asserted actionable LAD claims and the motion judge ... judge erred in dismissing the action for this reason alone. N.J.S.A. 10:5-12(l) also makes it unlawful for a person to refuse ... breach his contract with Oasis. Such conduct is forbidden by N.J.S.A. 10:5-12(n), which makes it unlawful '[f]or any person to ... coerce, or induce the doing of any act forbidden by [N.J.S.A. 10:5-12(l)] . . . or to attempt, or to conspire to do so ... by any discriminatory actions on his part as prohibited by N.J.S.A. 10:5-12(l), defendants' actions were alleged to have induced or attempted ... just in a different protected class. 9 Defendants argue that N.J.S.A. 10:5-12(n) does not apply in this setting because the ...

docket:	a0711-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Published
citation:	457 N.J.Super. 218 198 A.3d 1015
Document Size:	39875

6 JANET ROWAN v. HARTFORD PLAZA LTD -- rank: 855

... to file an amended complaint to include a claim under N.J.S.A. 10:5-12(l), the LAD provision governing discrimination in contracting. Both motions ... they should have been permitted to pursue a claim under N.J.S.A. 10:5-12(l). Finally, they challenge the judge's determination that there ... to all persons." N.J.S.A. 10:5-4. N.J.S.A. 10:5-12(a) makes it an unlawful discrimination [f]or an employer ... liable because they engaged in or condoned the discriminatory conduct. N.J.S.A. 10:5-12 specifies that it is an unlawful employment practice, or, as ... aiding and abetting' mechanism that applies to 'any person'" under N.J.S.A. 10:5-12(e). Cicchetti v. Morris Cnty. Sheriff's Office , 194 N ... 490 , 503-04 (1998)).] The "aiding and abetting" analysis under N.J.S.A. 10:5-12(e) requires a finding of "active and purposeful conduct." ...

docket:	a0107-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	unpublished
citation:
Document Size:	55314

7 SHELLEY PRITCHETT v. STATE OF NEW JERSEY -- rank: 849

... matter jurisdiction to adjudicate plaintiff's forced retirement claims because N.J.S.A. 10:5-12.1 (1) grants exclusive jurisdiction of such claims to the ... of subject matter jurisdiction may be raised at any time'). N.J.S.A. 10:5-12.1 concerns 'reinstatement, back pay,' and provides: Notwithstanding any provision ... been required to retire in violation of the provisions of [N.J.S.A. 10:5-12], shall be available to the person aggrieved by that violation ... being required to retire in violation of the provisions of [N.J.S.A. 10:5-12] shall be limited to the person's reinstatement with back pay and interest. N.J.S.A. 10:5-12(a) was amended in 1985 and now states in part ... contrary to its purpose'). Here, defendant's suggested construction of N.J.S.A. 10:5-12.1 contradicts the LAD's purposes. Defendant's interpretation ...

docket:	a1956-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	135382

8 /usr/local/share/www/libweb/collections/courts/appellate/a1405-19.opn.html -- rank: 847

... Super. 241, 248 (App. Div. 2017) (alteration in original) (quoting N.J.S.A. 10:5- 12(q)(1)), 'including but not limited to the observance of ... accordance with the requirements of the religion or religious belief,' N.J.S.A. 10:5- -12(q)(1). 'However, an exception exists if an employer cannot ... accommodate.' 10 Tisby, 448 N.J. Super. at 248 (quoting N.J.S.A. 10:5- 12(q)(1)). 'An 'undue hardship' is defined as 'an accommodation ... of any provision of a bona fide [CNA].'' Ibid. (quoting N.J.S.A. 10:5-12(q)(3)(a)); see also Trans World Airlines, Inc. v ... putting forth a 'bona fide effort' to accommodate.' Ibid. (quoting N.J.S.A. 10:5-12(q)(1)). 'If the employer can meet its burden, the ... petitioner's requested accommodations. See id. at 248; see also N.J.S.A. 10:5-12(q)(1). In his brief on appeal, petitioner asserts ...

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9 EMILIANO RIOS v. MEADOWLANDS HOSPITAL MEDICAL CENTER -- rank: 844

... establish the requisite elements of a retaliatory discharge claim under N.J.S.A. 10:5-12(d). See generally Craig v. Suburban Cablevision, Inc., 140 N ... whereas he was retaliated against in violation of the LAD, N.J.S.A. 10:5-12(d), for opposing defendant's efforts to retaliate against Bailey ... count complaint, plaintiff alleges defendant's alleged retaliatory actions violated N.J.S.A. 10:5-12(d). The statute provides it is 'an unlawful employment practice ... enjoyment of, any right granted or protected by this act. [N.J.S.A. 10:5-12(d).] It is well-settled that, to establish a retaliation claim under N.J.S.A. 10:5- 12(d), 'plaintiffs must demonstrate that: (1) they engaged in a ... the Court held that where 'a plaintiff alleges retaliation under . . . N.J.S.A. 10:5-12[(d)], the plaintiff bears the burden of proving that ...

docket:	a3846-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-14
status:	Published
citation:
Document Size:	29040

10 YANLEY SANDY v. TOWNSHIP OF ORANGE -- rank: 839

... origin.' N.J.S.A. 10:5-4. More particularly, N.J.S.A. 10:5-12(f)(1) provides that: [i]t shall be . . . unlawful discrimination ... N.J. Super. at 217-18 (alteration in original) (quoting N.J.S.A. 10:5-12(f)(1)). Because the Township's police department, Worthen-Barnes ...

docket:	a0034-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-29
status:	Unpublished
citation:
Document Size:	63793

11 Victoria Crisitello v. St. Theresa School -- rank: 836

... J. 315 (2021). HELD: The “religious tenets” exception of N.J.S.A. 10:5-12(a) -- “it shall not be an unlawful employment practice� ... an employee “because of . . . marital status . . . [or] pregnancy.” N.J.S.A. 10:5- -12(a). Although the LAD encompasses a wide variety of employment ... We first hold that the “religious tenets” exception of N.J.S.A. 10:5-12(a) -- “it shall not be an unlawful employment practice� ... discovery” and proceeded to consider the LAD. The court interpreted N.J.S.A. 10:5-12(a) to mean that “[d]iscriminatory intent or any ... an employee “because of . . . marital status . . . [or] pregnancy.” N.J.S.A. 10:5-12(a). Although the LAD encompasses a wide variety of employment ... of an employee . . . . [Ibid. (emphases added).] 20 As relevant here, N.J.S.A. 10:5-12(a) does two things. First, it identifies certain actions ...

docket:	a-63-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:
citation:
Document Size:	99823

12 JOSE & CHERYL RESUA v. BCB BANCORP, INC. -- rank: 821

... person on the basis of the other person's age. N.J.S.A. 10:5-12(l). 1 In their complaint, plaintiffs identify the following five ... argue that a plain reading of the salient language in N.J.S.A. 10:5-12(l) reveals the fallacy in plaintiff's argument. Defendants emphasize ... them because of their age. Addressing the particular provisions in N.J.S.A. 10:5-12(l), we held: Defendant's argument that N.J.S.A. 10:5-12(l) does not apply to independent contractors is a non sequitur . The conduct proscribed by N.J.S.A. 10:5-12(l) is exclusively related to non-employee relationships. Because plaintiffs ... same analytical approach applies in the non-employment context under N.J.S.A. 10:5-12(l). In lieu of filing a responsive pleading, defendants ...

docket:	a2792-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-02
status:	unpublished
citation:
Document Size:	22490

13 ROBIN B. WOJTKOWIAK v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 807

... that there is no probable cause justifying her complaint under N.J.S.A. 10:5-12(f) of New Jersey's Law Against Discrimination (LAD), N ... or to discriminate in furnishing it, on account of disability. N.J.S.A. 10:5-12(f)(1); N.J.A.C. 13:13-4.3 ...

docket:	a5341-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	published
citation:	439 N.J.Super. 1 106 A.3d 519
Document Size:	56713

14 JACQUELINE SCHIAVO v. MARINA DISTRICT DEVELOPMENT COMPANY LLC -- rank: 805

... and customer expectations. Therefore, the PAS requirements were permitted by N.J.S.A. 10:5-12(p), a provision allowing an employer to establish reasonable employee ... inappropriately engaged in factfinding. Further, they challenge his interpretation of N.J.S.A. 10:5-12(p), and maintain the evidence was sufficient to allow a ... on "gender identity or expression" and "affectional or sexual orientation." N.J.S.A. 10:5-12(a). Often the terms "gender" and "sex" are used interchangeably ... outside the bounds of reasonable appearance standards as provided in N.J.S.A. 10:5-12(p); (2) the PAS weight standard imposed unlawful gender stereotyping ... 1292 (D.C. Cir. 2003). The LAD addresses appearance at N.J.S.A. 10:5-12(p): Nothing in the provisions of this section shall affect ... McConnell contends the trial judge erred in relying on subsection N.J.S.A. 10:5-12(p) as legitimizing the PAS weight standard arguing he " ...

docket:	a5983-12
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	published
citation:	442 N.J.Super. 346 123 A.3d 272
Document Size:	133614

15 KENNETH HAGEL v. KEVIN DAVENPORT -- rank: 802

... in compensation or in terms, conditions or privileges of employment .' N.J.S.A. 10:5-12(a). The discrimination must occur 'because of' membership in a ...

docket:	a3652-19
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	186938