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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…

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About this Author

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

Joseph C. O'Keefe is a Partner in the Labor & Employment Law Department. He worked for five years in the firm's New York office and now practices in the Newark office.

973-274-3290
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