08.15.2023You Can Say What?! New Jersey District Court Rejects Claims of Hostile Work Environment On July 29, 2023, the United States District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group, Inc., granted Defendant’s Motion for Summary Judgment most notably finding that racist and sexual comments that Plaintiff used to support his claim of hostile work environment did not rise to the “severe and pervasive” standard necessary to support a claim. This case harkens back to the notorious case of Heitzman v. Monmouth County, 321 N.J. Super. 133 (App. Div. 1999), where several anti-Semitic comments were found insufficient to meet the “severe and pervasive” standard. Heitzman was of course cited by every defense lawyer for the next decade to try to defeat hostile work environment claims. So, the question becomes does Tavares mean that the New Jersey courts will become more skeptical of plaintiff’s claims and more supportive of employer defenses like in Heitzman, despite the Me Too movement and the seeming reluctance by the New Jersey judiciary to grant summary judgment to employers? The answer is context matters. There are lessons from Tavares to be sure, but it does not yet herald a major shift to employers in the New Jersey courts.
05.31.2022Is There a Problem Officer?: NJ Appellate Division Affirms Dismissal of Retired Police Officer’s Disability LawsuitOn May 23, 2022, the New Jersey Appellate Division upheld a trial court’s dismissal of failure to promote, hostile work environment, and retaliation claims brought by a retired New Jersey State Police Trooper. In Stonnell v. State of New Jersey, the Appellate Division affirmed the trial court’s dismissal of the trooper’s New Jersey Law Against Discrimination (NJLAD) claims, finding that he failed to set forth facts sufficient to establish that the New Jersey State Police violated the law with respect to his employment.
12.19.2019#7 Genova Burns’ 30th Anniversary Countdown of the Most Influential Cases, Events and LawsAs Genova Burns celebrates its 30th anniversary serving the legal needs of clients throughout New Jersey and across the Northeast, we will be counting down the top 30 legal cases, events and laws that have left a significant impact on society, business, politics, and lifestyle here in the Garden State. #7 is New Jersey's first case addressing workplace sexual harassment
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