LAD claim in New Jersey

2026In assessing a LAD claim, a court should consider the totality of the circumstances, including "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." Green v. Jersey City Bd. of Educ., 177 N.J. 434, 447 (2003) (quoting Shepherd, 132 N.J. at 19 - 20).

2026In assessing a LAD claim, a court should consider the totality of the circumstances, including "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." Green v. Jersey City Bd. of Educ., 177 N.J. 434, 447 (2003) (quoting Shepherd, 132 N.J. at 19 - 20).

2020Despite its silence as to a limitations period, it is now well-settled that the two-year limitations period of N.J.S.A. 2A:14-2 applies to LAD claims, "regardless of the underlying factual nature of the particular LAD claim." Rodriguez v. Raymours Furniture Co. Inc., 225 N.J. 343, 357 (2016) (citing A-2647-17T4 14 Montells v. Haynes, 133 N.J. 282, 291-92 (1993)).

2020Despite its silence as to a limitations period, it is now well-settled that the two-year limitations period of N.J.S.A. 2A:14-2 applies to LAD claims, "regardless of the underlying factual nature of the particular LAD claim." Rodriguez v. Raymours Furniture Co. Inc., 225 N.J. 343, 357 (2016) (citing A-2647-17T4 14 Montells v. Haynes, 133 N.J. 282, 291-92 (1993)).

2018Our courts have "recognize[d] that an individual may agree by contract to submit his or her statutory LAD claim to alternative 7 A-5388-16T3 dispute resolution and therefore different processes," Rodriquez, 225 N.J. at 364, and applied state contract law principles in enforcing agreements requiring arbitration of employment-related claims, see, e.g., Martindale, 173 N.J. at 91-92 (finding an arbitration agreement in an employment application constitutes a binding contractual obligation); Young v. Prudential Ins.

2018Our courts have "recognize[d] that an individual may agree by contract to submit his or her statutory LAD claim to alternative dispute resolution and therefore different processes," Rodriquez, 225 N.J. at 364, and applied state A-5388-16T3 7 contract law principles in enforcing agreements requiring arbitration of employment-related claims, see, e.g., Martindale, 173 N.J. at 91-92 (finding an arbitration agreement in an employment application constitutes a binding contractual obligation); Young v. Prudential Ins.

2025A-1834-23 23 To establish an LAD claim for failure to accommodate: a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability, as that has been defined by statute"; (2) "is qualified to perform the essential functions of the job, or was performing those essential functions, either with or without reasonable accommodations"; and (3) that defendant "failed to reasonably accommodate [his or her] disabilities." [Royster, 227 N.J. at 500 (alterations in original) (quoting Victor, 203 N.J. at 410 ).] Reasonable accommodat

2025A-1834-23 23 To establish an LAD claim for failure to accommodate: a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability, as that has been defined by statute"; (2) "is qualified to perform the essential functions of the job, or was performing those essential functions, either with or without reasonable accommodations"; and (3) that defendant "failed to reasonably accommodate [his or her] disabilities." [Royster, 227 N.J. at 500 (alterations in original) (quoting Victor, 203 N.J. at 410 ).] Reasonable accommodat

2022Before the 2019 amendments to LAD, the New Jersey Supreme Court had recognized "that an individual may agree by contract to submit his or her statutory LAD claim to alternative dispute resolution." Rodriguez, 225 N.J. at 364 (citing Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 (2001)).

2022Before the 2019 amendments to LAD, the New Jersey Supreme Court had recognized "that an individual may agree by contract to submit his or her statutory LAD claim to alternative dispute resolution." Rodriguez, 225 N.J. at 364 (citing Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 (2001)).

2022Before the 2019 amendments to LAD, the New Jersey Supreme Court had recognized "that an individual may agree by contract to submit his or her statutory LAD claim to alternative dispute resolution." Rodriguez, 225 N.J. at 364 (citing Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 (2001)).

2022Before the 2019 amendments to LAD, the New Jersey Supreme Court had recognized "that an individual may agree by contract to submit his or her statutory LAD claim to alternative dispute resolution." Rodriguez, 225 N.J. at 364 (citing Garfinkel v. Morristown Obstetrics & Gynecology Assocs., P.A., 168 N.J. 124, 131 (2001)).

1999Corp., 118 N.J. 89, 96-97 , 570 A.2d 903 (1990); see also Waldron v. SL Indus., Inc., 849 F.Supp. 996, 1000 (D.N.J.1994) (“Age discrimination claims under the LAD and the ADEA are governed by the same standards and burden of proof structures applicable under Title VII of the Civil Rights Act of 1964 ____”), rev’d on other grounds, 56 F.3d 491 (3d Cir.1995); Shaner v. Horizon Bancorp., 116 N.J. 433, 437 , 561 A.2d 1130 (1989) (“[The LAD] standards have been influenced markedly by the experience derived from litigation under federal anti-discrimination statutes.”); Giammario v. Trenton Bd. of Ed

1999Corp., 118 N.J. 89, 96-97 , 570 A.2d 903 (1990); see also Waldron v. SL Indus., Inc., 849 F.Supp. 996, 1000 (D.N.J.1994) (“Age discrimination claims under the LAD and the ADEA are governed by the same standards and burden of proof structures applicable under Title VII of the Civil Rights Act of 1964 ____”), rev’d on other grounds, 56 F.3d 491 (3d Cir.1995); Shaner v. Horizon Bancorp., 116 N.J. 433, 437 , 561 A.2d 1130 (1989) (“[The LAD] standards have been influenced markedly by the experience derived from litigation under federal anti-discrimination statutes.”); Giammario v. Trenton Bd. of Ed

2024Direct evidence of an LAD violation means evidence "which if believed, proves [the] existence of [a] fact in issue without inference or presumption." Sisler, 157 N.J. at 208 (alterations and emphasis in original) (quoting Castle v. Sangamo Weston, Inc., 837 F.2d 1550 , 1558 n.3 (11th Cir. 1988)).

2024Direct evidence of an LAD violation means evidence "which if believed, proves [the] existence of [a] fact in issue without inference or presumption." Sisler, 157 N.J. at 208 (alterations and emphasis in original) (quoting Castle v. Sangamo Weston, Inc., 837 F.2d 1550 , 1558 n.3 (11th Cir. 1988)).

1999In many cases, however, a common law claim is merely duplicative of a LAD claim and “it might be unnecessary to recognize or create ... [an] action to vindicate substantially the same rights and provide similar relief.” Ibid; accord Erickson v. Marsh & McLennan Co., 117 N.J. 539, 562 , 569 A.2d 793 (1990).

1999In many cases, however, a common law claim is merely duplicative of a LAD claim and “it might be unnecessary to recognize or create ... [an] action to vindicate substantially the same rights and provide similar relief.” Ibid; accord Erickson v. Marsh & McLennan Co., 117 N.J. 539, 562 , 569 A.2d 793 (1990).

2026In assessing a LAD claim, a court should consider the totality of the circumstances, including "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." Green v. Jersey City Bd. of Educ., 177 N.J. 434, 447 (2003) (quoting Shepherd, 132 N.J. at 19 - 20).

2026In assessing a LAD claim, a court should consider the totality of the circumstances, including "the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance." Green v. Jersey City Bd. of Educ., 177 N.J. 434, 447 (2003) (quoting Shepherd, 132 N.J. at 19 - 20).

2006Because of the breadth of the statutory language, courts in New Jersey have developed "a twelve-factor test in the context of a LAD claim to determine whether an employment relationship exists between the parties." Kounelis v. Sherrer, 396 F.Supp. 2d 525, 532 (D.N.J.2005).

2006Because of the breadth of the statutory language, courts in New Jersey have developed "a twelve-factor test in the context of a LAD claim to determine whether an employment relationship exists between the parties." Kounelis v. Sherrer, 396 F.Supp. 2d 525, 532 (D.N.J.2005).

2025Alexander v. Seton Hall Univ., 204 N.J. 219, 228 (2010).

2025Alexander v. Seton Hall Univ., 204 N.J. 219, 228 (2010).

2024See Failla v. City of Passaic, 146 F.3d 149, 159 (3d Cir. 1998).

2002Id. at 157-58 (relying on Restatement (Second) of Torts § 876(b) (1979) to define aiding and abetting liability); accord Hurley, supra, 174 F. 3d at 126 .

2024See ibid.

2002Id. at 157-58 (relying on Restatement (Second) of Torts § 876(b) (1979) to define aiding and abetting liability); accord Hurley, supra, 174 F. 3d at 126 .

2019See *1234 Raspa [v. Office of Sheriff of Cty. of Gloucester , 191 N.J. 323 , 327, 340, 924 A.2d 435 (2007) ] (recognizing that some employment positions have requirements similar to the bona fide occupational qualifications set forth in federal law that impact on reasonable accommodation analysis); Potente [v. Cty. of Hudson , 187 N.J. 103 , 111, 900 A.2d 787 (2006) ] (concluding that employee may not raise LAD claim if he or she has refused to engage in interactive dialogue respecting potential accommodations). [ 203 N.J. at 413 , 4 A.3d 126 .] On the other hand, the Court recognized that Sei

2019See *1234 Raspa [v. Office of Sheriff of Cty. of Gloucester , 191 N.J. 323 , 327, 340, 924 A.2d 435 (2007) ] (recognizing that some employment positions have requirements similar to the bona fide occupational qualifications set forth in federal law that impact on reasonable accommodation analysis); Potente [v. Cty. of Hudson , 187 N.J. 103 , 111, 900 A.2d 787 (2006) ] (concluding that employee may not raise LAD claim if he or she has refused to engage in interactive dialogue respecting potential accommodations). [ 203 N.J. at 413 , 4 A.3d 126 .] On the other hand, the Court recognized that Sei

2025A-1834-23 23 To establish an LAD claim for failure to accommodate: a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability, as that has been defined by statute"; (2) "is qualified to perform the essential functions of the job, or was performing those essential functions, either with or without reasonable accommodations"; and (3) that defendant "failed to reasonably accommodate [his or her] disabilities." [Royster, 227 N.J. at 500 (alterations in original) (quoting Victor, 203 N.J. at 410 ).] Reasonable accommodat

2025A-2292-23 17 The elements necessary to state a prima facie hostile work environment LAD claim are: "(1) that plaintiff is in a protected class; (2) that plaintiff was subjected to conduct that would not have occurred but for that protected status; and (3) that it was severe or pervasive enough to alter the conditions of employment." Victor, 203 N.J. at 409 .

2023The Appellate Division reversed, holding that the First Amendment barred neither Crisitello’s claims nor “carefully measured discovery”; that the LAD did not bar consideration of the matter under the framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973); and that Crisitello had made a prima facie case. 1 On remand, the trial court compelled discovery consistent with the Appellate Division’s decision, and it again granted summary judgment in favor of St.

2023New Jersey courts have adopted the three-part test in McDonnell A-0302-22 10 Douglas Corp. v. Green, 411 U.S. 792 (1973), which must be satisfied by a plaintiff alleging a LAD claim.

2000In Young, supra, 297 N.J.Super. at 617-19 , 688 A. 2d 1069 , we decided that the plaintiff's agreement to arbitrate was valid with regard to the LAD claim, even though a form contract was involved.

2000In Young, supra, 297 N.J.Super. at 617-19 , 688 A. 2d 1069 , we decided that the plaintiff's agreement to arbitrate was valid with regard to the LAD claim, even though a form contract was involved.

2019See *1234 Raspa [v. Office of Sheriff of Cty. of Gloucester , 191 N.J. 323 , 327, 340, 924 A.2d 435 (2007) ] (recognizing that some employment positions have requirements similar to the bona fide occupational qualifications set forth in federal law that impact on reasonable accommodation analysis); Potente [v. Cty. of Hudson , 187 N.J. 103 , 111, 900 A.2d 787 (2006) ] (concluding that employee may not raise LAD claim if he or she has refused to engage in interactive dialogue respecting potential accommodations). [ 203 N.J. at 413 , 4 A.3d 126 .] On the other hand, the Court recognized that Sei

2019See *1234 Raspa [v. Office of Sheriff of Cty. of Gloucester , 191 N.J. 323 , 327, 340, 924 A.2d 435 (2007) ] (recognizing that some employment positions have requirements similar to the bona fide occupational qualifications set forth in federal law that impact on reasonable accommodation analysis); Potente [v. Cty. of Hudson , 187 N.J. 103 , 111, 900 A.2d 787 (2006) ] (concluding that employee may not raise LAD claim if he or she has refused to engage in interactive dialogue respecting potential accommodations). [ 203 N.J. at 413 , 4 A.3d 126 .] On the other hand, the Court recognized that Sei

2001See Alamo, supra, 306 N.J.Super. at 392-94 , 703 A. 2d 961 (holding that a reference to "any claim" did not serve as a waiver of plaintiff's right to proceed on an LAD claim in the courts).

2001See Alamo, supra, 306 N.J.Super. at 392-94 , 703 A. 2d 961 (holding that a reference to "any claim" did not serve as a waiver of plaintiff's right to proceed on an LAD claim in the courts).

2023Zive v. Stanley Roberts, Inc., 182 N.J. 436, 447 (2005).

2021Mogull v. CB Commercial Real Estate Group, Inc., 162 N.J. 449, 452 (2000) (LAD claim of sex discrimination and retaliation), and Zive, 182 N.J. at 442-43 , both address plaintiff's claim of error.

2014Co. of Am., 142 N.J. 520, 540 (1995), we conclude plaintiff's complaints of avoidance by fellow employees after he reported acts of racial discrimination by a co-worker are insufficient to support an LAD claim for retaliatory discharge or impose vicarious liability on the employer.

2014Co. of Am., 142 N.J. 520, 540 (1995), we conclude plaintiff's complaints of avoidance by fellow employees after he reported acts of racial discrimination by a co-worker are insufficient to support an LAD claim for retaliatory discharge or impose vicarious liability on the employer.

2012In the absence of controlling authority, in interpreting the LAD in disability discrimination claims, "federal law has consistently been considered for guidance." Borngesser, supra, 340 N.J.Super. at 380 , 774 A. 2d 615 (on LAD claim, applying federal law under Section 504 of the Federal Rehabilitation Act of 1973 as guidance); Ensslin v. Twp. of N. Bergen, 275 N.J.Super. 352, 363-64 , 646 A. 2d 452 (App. Div.1994), certif. denied, 142 N.J. 446 , 663 A. 2d 1354 (1995); see also Chisolm v. McManimon, 275 F. 3d 315 , 325 n. 9 (3d Cir.2001) (confining discussion to ADA Title II "with the understa

2012In the absence of controlling authority, in interpreting the LAD in disability discrimination claims, "federal law has consistently been considered for guidance." Borngesser, supra, 340 N.J.Super. at 380 , 774 A. 2d 615 (on LAD claim, applying federal law under Section 504 of the Federal Rehabilitation Act of 1973 as guidance); Ensslin v. Twp. of N. Bergen, 275 N.J.Super. 352, 363-64 , 646 A. 2d 452 (App. Div.1994), certif. denied, 142 N.J. 446 , 663 A. 2d 1354 (1995); see also Chisolm v. McManimon, 275 F. 3d 315 , 325 n. 9 (3d Cir.2001) (confining discussion to ADA Title II "with the understa

2012Bd. of Trs., 77 N.J. 55, 82-83 , 389 A.2d 465 (1978) (applying Title VII analysis to LAD claim alleging sex discrimination in discharging plaintiff); Clowes v. Terminix Int’l, Inc., 109 N.J. 575, 595-96 , 538 A.2d 794 (1988) (applying Title VII analysis to LAD claim alleging discriminatory termination of plaintiff because of alcoholism, a physical handicap).

2012Bd. of Trs., 77 N.J. 55, 82-83 , 389 A.2d 465 (1978) (applying Title VII analysis to LAD claim alleging sex discrimination in discharging plaintiff); Clowes v. Terminix Int’l, Inc., 109 N.J. 575, 595-96 , 538 A.2d 794 (1988) (applying Title VII analysis to LAD claim alleging discriminatory termination of plaintiff because of alcoholism, a physical handicap).

2001Quigley dealt with an employment contract reading as follows: Any claim or controversy between the parties arising out of or relating to this Agreement or the breach thereof, or in any way related to the terms and conditions of the employment of [plaintiff] by [defendant], shall be settled by arbitration under the laws of the state in which [plaintiff's] office is located. [ Quigley, supra, 330 N.J.Super. at 257 , 749 A. 2d 405 .] This court found that language "ambiguous," and concluded that it should "not be construed as encompassing" plaintiff's claim of a LAD violation.

2001Quigley dealt with an employment contract reading as follows: Any claim or controversy between the parties arising out of or relating to this Agreement or the breach thereof, or in any way related to the terms and conditions of the employment of [plaintiff] by [defendant], shall be settled by arbitration under the laws of the state in which [plaintiff's] office is located. [ Quigley, supra, 330 N.J.Super. at 257 , 749 A. 2d 405 .] This court found that language "ambiguous," and concluded that it should "not be construed as encompassing" plaintiff's claim of a LAD violation.

2025It avers those tests would nevertheless lead to the conclusion that plaintiff is not employed by the AOC. "[I]n the context of a[n] LAD claim," this court has developed a twelve- factor test to ascertain "whether an employment relationship exists between the parties." Thomas, 386 N.J.

2025A-2455-23 17 "[I]n the context of a[n] LAD claim," this court has developed a twelve- factor test to ascertain "whether an employment relationship exists between the parties." Thomas, 386 N.J.

2021In Fuchilla v. Layman, we had to reconcile the demands of the notice provision of the Tort Claims Act (TCA), N.J.S.A. 59:8- 8, with an LAD claim; we concluded that the TCA notice did not apply to LAD actions. 109 N.J. 319, 330-32 (1988).

2021In Fuchilla v. Layman, we had to reconcile the demands of the notice provision of the Tort Claims Act (TCA), N.J.S.A. 59:8- 8, with an LAD claim; we concluded that the TCA notice did not apply to LAD actions. 109 N.J. 319, 330-32 (1988).