stronger presumption in New Jersey

1998As the majority properly recognizes, “usually repeated racial slurs must form the basis for finding that a hostile work environment has been created.” Ante at 500, 706 A.2d at 690 (citations omitted); see also Ellison v. Brady, 924 F.2d 872 (9th Cir.1991) (“Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.”) (quoting King v. Board of Regents, 898 F.2d 533 , 537 (7th Cir.1990)).

1998As the majority properly recognizes, "usually repeated racial slurs must form the basis for finding that a hostile work environment has been created." Ante at 500, 706 A. 2d at 690 (citations omitted); see also Ellison v. Brady, 924 F. 2d 872 (9th Cir.1991) ("Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile *525 environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") (quoting King v. Board of Regents, 898 F. 2d 533 , 537 (7th Cir.1990)).

2000An agency's decision "is accorded an even stronger presumption of validity where, as here, it has been given discretion to determine the specialized procedures for its tasks." Englewood Cliffs, supra, 257 N.J.Super. at 456, 608 A. 2d 914 ; see also Van Dalen v. Washington Township, 120 N.J. 234, 244-45 , 576 A. 2d 819 (1990); Board of Educ. of Elizabeth v. City Council of Elizabeth, 55 N.J. 501, 507-08 , 262 A. 2d 881 (1970).

2000An agency's decision "is accorded an even stronger presumption of validity where, as here, it has been given discretion to determine the specialized procedures for its tasks." Englewood Cliffs, supra, 257 N.J.Super. at 456, 608 A. 2d 914 ; see also Van Dalen v. Washington Township, 120 N.J. 234, 244-45 , 576 A. 2d 819 (1990); Board of Educ. of Elizabeth v. City Council of Elizabeth, 55 N.J. 501, 507-08 , 262 A. 2d 881 (1970).

2023And where, as in this case, "special expertise is required, . . . an even stronger presumption of reasonableness exists." Ibid.

2000An agency's decision "is accorded an even stronger presumption of validity where, as here, it has been given discretion to determine the specialized procedures for its tasks." Englewood Cliffs, supra, 257 N.J.Super. at 456, 608 A. 2d 914 ; see also Van Dalen v. Washington Township, 120 N.J. 234, 244-45 , 576 A. 2d 819 (1990); Board of Educ. of Elizabeth v. City Council of Elizabeth, 55 N.J. 501, 507-08 , 262 A. 2d 881 (1970).

1998As the majority properly recognizes, “usually repeated racial slurs must form the basis for finding that a hostile work environment has been created.” Ante at 500, 706 A.2d at 690 (citations omitted); see also Ellison v. Brady, 924 F.2d 872 (9th Cir.1991) (“Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.”) (quoting King v. Board of Regents, 898 F.2d 533 , 537 (7th Cir.1990)).

1998As the majority properly recognizes, "usually repeated racial slurs must form the basis for finding that a hostile work environment has been created." Ante at 500, 706 A. 2d at 690 (citations omitted); see also Ellison v. Brady, 924 F. 2d 872 (9th Cir.1991) ("Although a single act can be enough, ... generally repeated incidents create a stronger claim of hostile *525 environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") (quoting King v. Board of Regents, 898 F. 2d 533 , 537 (7th Cir.1990)).

2026"The decision to grant or deny a mistrial is entrusted to the sound discretion of the trial court." State v. Harvey, 151 N.J. 117, 205 (1997).

2016See Fulgenzi, supra, 711 F.3d at 588 .

2016See Fulgenzi, supra, 711 F.3d at 588 .

1992For example, in Vance v. Southern *635 Bell Telephone and Telegraph Co., 863 F. 2d 1503, 1510 (11th Cir.1989), the court held that two incidents in which a noose was found hung over an employee's work station were sufficiently severe to constitute a jury question on a racially hostile environment. [ 924 F. 2d at 878 ].

1992See King v. Board of Regents of University of Wisconsin System, 898 F. 2d 533, 537 (7th Cir.1990) ("[a]lthough a single act can be enough, ... generally, repeated incidents create a stronger claim of hostile environment, with the strength of the claim depending on the number of incidents and the intensity of each incident.") Accord Andrews, 895 F. 2d at 1484 ; Carrero v. New York City Housing Authority, 890 F. 2d 569 , 578 (2d Cir.1989); EEOC Compliance Manual, § 615, ¶ 3112, C at 3243 (CCH 1988).

1990See Newark v. Natural Resource Council, 82 N.J. at 540 , 414 A. 2d 1304 .

1990See Newark v. Natural Resource Council, 82 N.J. at 540 , 414 A. 2d 1304 .

1981To meet each of these assignments, the proponent must establish by the same quantum of proof — that is, by a preponderance of the proof — that there is no undue influence. [ 29 N.J.Super. at 538-539 (citations omitted)] In re Week’s Estate, supra, recognized, however, that there were situations calling for a stronger presumption of undue influence and a commensurately heavier burden of proof to rebut the presumption.