September 23, 2020

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September 22, 2020

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September 21, 2020

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New Jersey Supreme Court to Decide Whether Law Against Discrimination (LAD) Protects Divorcing Employee

Last week, the New Jersey Supreme Court agreed to address whether the protection against marital status discrimination under the state’s Law Against Discrimination (LAD) serves to prevent an employer from discharging an employee “because of the anticipated effect of [the] employee’s imminent divorce on the workplace.”  As detailed in our monthly newsletter, the Appellate Division recently answered this question in the affirmative and, in so doing, for the first time “interpret[ed] ‘marital status’ to encompass the state of being divorced.”  The case—Smith v. Millville Rescue Squad—is sure to receive attention in the coming months.  Stay tuned…

© 2020 Proskauer Rose LLP. National Law Review, Volume IV, Number 303

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About this Author

Joseph C O'Keefe Labor Employment Attorney Proskauer Rose Law Firm
Partner

Joseph C. O'Keefe is a partner in the Labor & Employment Law Department.

For more than 25 years, Joe has litigated employment disputes of all types, on behalf of employers, before federal and state courts, arbitral tribunals (e.g. FINRA and AAA), and state and federal administrative agencies. Joe has litigated employment-related lawsuits alleging discrimination and sexual harassment, whistleblowing, non-competition/trade secret matters, compensation disputes, breach of contract, defamation, fraud and other business related torts. Joe’s practice includes representing clients...

212.969.3019
Daniel L Saperstein, Proskauer Law Firm, Labor Employment Attorney
Associate

Daniel L. Saperstein is an Associate in the Labor & Employment Law Department, resident in the Newark office. He is a member of the Employment Litigation & Arbitration, Labor-Management Relations, Employment Law Counseling & Training, International Labor & Employment, and Whistleblower & Retaliation Groups, as well as the Dodd-Frank Task Force.

973-274-3272