“The LAD prohibits employers from retaliating against employees for engaging in a protected activity under the act.” (See Kelly v. Bally's Grand, Inc. (1995) 285 N.J. Super. 422, 435.)
"Retaliatory action is defined to mean the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment." (See Maimone v. City of Atlantic City (2006) 188 N.J. 221, 235-36.)
“Under this definition, any reduction in an employee's compensation is considered to be an adverse . . . action . . . in the terms and conditions of employment." (See id; Beasley v. Passaic County (2005) 377 N.J.Super. 585 , 608, 873 A.2d 673.)
“Moreover, even without any reduction in compensation, a withdrawal of benefits formerly provided to an employee may be found in some circumstances to constitute an adverse employment action.” (See Maimone v. City of Atlantic City (2006) 188 N.J. 221, 235-36.)
The law “prohibits an employer from taking any retaliatory action against an employee who engages in certain protected activity.” (See Donelson v. Dupont Chambers Works (2011) 206 N.J. 243, 256.)
“Thus, an employer may not retaliate against an employee who [discloses . . . to a supervisor or to a public body an activity, policy or practice of the employer . . . that the employee reasonably believes . . . is in violation of a law, or a rule or regulation promulgated pursuant to law." (See id.)
“Nor may an employer retaliate against an employee who [o]bjects to . . . any activity, policy or practice which the employee reasonably believes . . . is in violation of a law, or a rule or regulation or is incompatible with a clear mandate of public policy concerning the public health, safety or welfare or protection of the environment." (See id.)
“To prove a prima facie case of retaliation, plaintiff must show that:
(See Woods-Pirozzi v. Nabisco Foods (1996) 290 N.J. Super. 252, 274; Castro v. Cnty. of Bergen, No. A-1903-14T1, at *17 (App. Div. Mar. 22, 2016).)
“Once a plaintiff establishes a prima facie case of retaliation, the burden of production shifts to the defendant to articulate a legitimate[,] non-retaliatory reason for the decision.” (See Castro v. Cnty. of Bergen, No. A-1903-14T1, at *17 (App. Div. Mar. 22, 2016).)
“If defendant satisfies this burden, the plaintiff must then demonstrate that a retaliatory intent, not the employer's stated reason, motivated the employer's action, proving the employer's articulated reason was merely a pretext for discrimination.” (See id.)
“We review a grant of summary judgment using the same standard that governs the trial judge's decision.” (See Kalim v. Urban Outfitters, Inc., No. A-4811-18, at *10 (App. Div. Mar. 4, 2021).)
“Under that standard, summary judgment will be granted when the competent evidential materials submitted by the parties, viewed in the light most favorable to the non-moving party, show that there are no genuine issues of material fact and that the moving party is entitled to summary judgment as a matter of law." (See id.)
"An issue of material fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact.” (See id.)
“We owe no special deference to the motion judge's legal analysis.” (See id.)
It is well settled that a "retaliatory action [is defined] as the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment." (See Watts v. Twp. of W. Orange, No. A-3420-15T2, at *10-11 (App. Div. Feb. 20, 2018).)
It is also well settled that “an adverse employment action is not limited to a demotion, suspension or discharge and need not result in a loss of pay. Many separate but relatively minor instances of behavior directed against an employee . . . may . . . combine to make up a pattern of retaliatory behavior." (See id.)
Mar 07, 2024
Active
Bergen County
Bergen County, NJ
Feb 12, 2024
Active
Morris County
Morris County, NJ
Jan 26, 2024
Active
Gloucester County
Gloucester County, NJ
Dec 04, 2023
Active
Gloucester County
Gloucester County, NJ
Nov 14, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Nov 09, 2023
Active
Middlesex County
Middlesex County, NJ
Nov 01, 2023
Active
Bergen County
Bergen County, NJ
Oct 25, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Oct 23, 2023
Active
Essex County
Essex County, NJ
Oct 17, 2023
Active
Bergen County
Bergen County, NJ
Oct 17, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Oct 12, 2023
Active
Essex County
Essex County, NJ
Sep 29, 2023
Active
Bergen County
Bergen County, NJ
Sep 14, 2023
Active
Union County
Union County, NJ
Sep 06, 2023
Active
Camden County
Camden County, NJ
Sep 04, 2023
Active
Essex County
Essex County, NJ
Aug 31, 2023
Active
Morris County
Morris County, NJ
Aug 15, 2023
Active
Hunterdon County
Hunterdon County, NJ
Aug 15, 2023
Active
Hunterdon County
Hunterdon County, NJ
Aug 14, 2023
Active
Bergen County
Bergen County, NJ
Jul 03, 2023
Active
Bergen County
Bergen County, NJ
Jun 23, 2023
Active
Mercer County
Mercer County, NJ
Jun 01, 2023
Active
Camden County
Camden County, NJ
May 31, 2023
Active
Essex County
Essex County, NJ
May 18, 2023
Active
Essex County
Essex County, NJ
May 17, 2023
Active
Monmouth County
Monmouth County, NJ
May 17, 2023
Active
Gloucester County
Gloucester County, NJ
May 15, 2023
Active
Cumberland County
Cumberland County, NJ
May 15, 2023
Active
Mercer County
Mercer County, NJ
May 12, 2023
Active
Hon. MCLAUGHLIN, R
Mercer County
Mercer County, NJ
May 11, 2023
Dismissal
Atlantic County
Atlantic County, NJ
May 10, 2023
Active
Mercer County
Mercer County, NJ
May 10, 2023
Active
Union County
Union County, NJ
May 09, 2023
Active
Gloucester County
Gloucester County, NJ
Apr 27, 2023
Active
Somerset County
Somerset County, NJ
Apr 25, 2023
Active
Hon. Nicholas Ostuni
Bergen County
Bergen County, NJ
Apr 20, 2023
Active
Hon. Benjamin S Bucca
Middlesex County
Middlesex County, NJ
Apr 18, 2023
Active
Hudson County
Hudson County, NJ
Apr 06, 2023
Active
Camden County
Camden County, NJ
Apr 03, 2023
Active
Passaic County
Passaic County, NJ
Mar 31, 2023
Active
Hon. KIMBERLY ESPINALES-MALONEY
Hudson County
Hudson County, NJ
Mar 30, 2023
Active
Middlesex County
Middlesex County, NJ
Mar 30, 2023
Active
Mercer County
Mercer County, NJ
Mar 29, 2023
Active
Monmouth County
Monmouth County, NJ
Mar 28, 2023
Active
Hon. R BRIAN
Mercer County
Mercer County, NJ
Mar 20, 2023
Active
Essex County
Essex County, NJ
Mar 16, 2023
Dismissal
Morris County
Morris County, NJ
Mar 15, 2023
Active
Monmouth County
Monmouth County, NJ
Mar 14, 2023
Active
Mercer County
Mercer County, NJ
Mar 13, 2023
Active
Bergen County
Bergen County, NJ
Mar 08, 2023
Active
Burlington County
Burlington County, NJ
Mar 06, 2023
Active
Hudson County
Hudson County, NJ
Mar 03, 2023
Active
Morris County
Morris County, NJ
Feb 16, 2023
Active
Burlington County
Burlington County, NJ
Feb 10, 2023
Active
Ocean County
Ocean County, NJ
Feb 10, 2023
Active
Middlesex County
Middlesex County, NJ
Feb 09, 2023
Active
Bergen County
Bergen County, NJ
Feb 09, 2023
Active
Gloucester County
Gloucester County, NJ
Feb 06, 2023
Active
Essex County
Essex County, NJ
Feb 02, 2023
Dismissal
Bergen County
Bergen County, NJ
Feb 01, 2023
Settlement
Burlington County
Burlington County, NJ
Jan 30, 2023
Active
Passaic County
Passaic County, NJ
Jan 26, 2023
Dismissal
Camden County
Camden County, NJ
Jan 20, 2023
Active
Gloucester County
Gloucester County, NJ
Jan 17, 2023
Dismissal
Hon. DELSARDO, DARREN
Passaic County
Passaic County, NJ
Jan 13, 2023
Active
Monmouth County
Monmouth County, NJ
Jan 11, 2023
Active
Monmouth County
Monmouth County, NJ
Jan 06, 2023
Active
Hon. Laurence J Bravman
Middlesex County
Middlesex County, NJ
Jan 06, 2023
Active
Camden County
Camden County, NJ
Jan 04, 2023
Active
Middlesex County
Middlesex County, NJ
Dec 30, 2022
Dismissal
Mercer County
Mercer County, NJ
Dec 30, 2022
Active
Monmouth County
Monmouth County, NJ
Dec 23, 2022
Active
Hon. R BRIAN
Mercer County
Mercer County, NJ
Dec 23, 2022
Dismissal
Essex County
Essex County, NJ
Dec 20, 2022
Closed
Passaic County
Passaic County, NJ
Dec 20, 2022
Active
Monmouth County
Monmouth County, NJ
Dec 12, 2022
Dismissal
Burlington County
Burlington County, NJ
Dec 12, 2022
Active
Mercer County
Mercer County, NJ
Dec 08, 2022
Active
Camden County
Camden County, NJ
Dec 07, 2022
Active
Bergen County
Bergen County, NJ
Dec 07, 2022
Active
Mercer County
Mercer County, NJ
Dec 06, 2022
Dismissal
Hon. DARREN J DELSARDO
Passaic County
Passaic County, NJ
Dec 05, 2022
Default Judgment
Monmouth County
Monmouth County, NJ
Dec 02, 2022
Dismissal
Bergen County
Bergen County, NJ
Nov 23, 2022
Active
Monmouth County
Monmouth County, NJ
Nov 18, 2022
Dismissal
Burlington County
Burlington County, NJ
Nov 17, 2022
Active
Warren County
Warren County, NJ
Nov 15, 2022
Active
Hon. R BRIAN
Mercer County
Mercer County, NJ
Nov 15, 2022
Active
Morris County
Morris County, NJ
Nov 07, 2022
Active
Gloucester County
Gloucester County, NJ
Nov 03, 2022
Dismissal
Cumberland County
Cumberland County, NJ
Nov 01, 2022
Active
Mercer County
Mercer County, NJ
Oct 31, 2022
Active
Union County
Union County, NJ
Oct 24, 2022
Active
Gloucester County
Gloucester County, NJ
Oct 21, 2022
Active
Hon. DELIA, ANTHONY
Hudson County
Hudson County, NJ
Oct 20, 2022
Active
Hudson County
Hudson County, NJ
Oct 19, 2022
Active
Essex County
Essex County, NJ
Oct 17, 2022
Active
Essex County
Essex County, NJ
Oct 12, 2022
Active
Hon. MCLAUGHLIN, R
Mercer County
Mercer County, NJ
Oct 11, 2022
Dismissal
Middlesex County
Middlesex County, NJ
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