LAD retaliation claim (New Jersey) · Go Syfert
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LAD retaliation claim in New Jersey

14 New Jersey opinions name it 2 courts 2002–2026 7 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Woods-Pirozzi v. Nabisco Foodsgreen
njsuperctappdiv · 1996 · cited in 3 New Jersey opinions naming this issue, 2020–2025
2 sentences

2024But we didn't include membership in a protected class as an element of a LAD retaliation claim in Woods-Pirozzi, 290 N.J.

2024In dicta, the Court included "plaintiff was in a protected class" as an element of an LAD retaliation claim, citing Woods-Pirozzi, 290 N.J.

23
Craig v. Suburban Cablevision, Inc.green
nj · 1995 · cited in 3 New Jersey opinions naming this issue, 2005–2021
2 sentences

2021To establish an LAD retaliation claim, plaintiffs must show: "(1) they engaged in a protected activity known by the employer; (2) thereafter their employer unlawfully retaliated against them; and (3) their participation in the protected activity caused the retaliation." Craig v. Suburban Cablevision, 140 N.J. 623, 629-30 (1995).

2020See generally Craig v. Suburban Cablevision, Inc., 140 N.J. 623, 629-30 (1995) (defining the elements of a LAD-retaliation claim).

23
Mancini v. Township of Teaneckgreen
njsuperctappdiv · 2002 · cited in 3 New Jersey opinions naming this issue, 2019–2026
2 sentences

2026Some factors used in determining whether an adverse employment action has taken place include: "[T]he employee's loss of status, a clouding of job responsibilities, diminution in authority, disadvantageous transfers or assignments, and toleration of harassment by other employees." Ibid. "[A]ssignment to different or less desirable tasks can be sufficient to constitute an adverse employment action . . . ." Ibid.

2026As such, it is permissible to "look[] for guidance to federal law dealing with Title VII and Civil Rights legislation to determine what constitute[s] an adverse employment decision in the context of a LAD retaliation claim." Ibid.

13
Tartaglia v. UBS PaineWebber Inc.green
nj · 2008 · cited in 2 New Jersey opinions naming this issue, 2020–2025
2 sentences

2020In Tartaglia, the Court described the holding in Carmona as a "refine[ment]" of the elements of a LAD-retaliation claim that added a "prerequisite": "a plaintiff must . . . bear the burden of proving that he or she had a good faith, reasonable basis for complaining about the workplace behavior." Tartaglia, 197 N.J. at 125 .

2020In Tartaglia, the Court described the holding in Carmona as a "refine[ment]" of the elements of a LAD-retaliation claim that added a "prerequisite": "a plaintiff must . . . bear the burden of proving that he or she had a good faith, reasonable basis for complaining about the workplace behavior." Tartaglia, 197 N.J. at 125 .

12
Battaglia v. United Parcel Service, Inc.green
nj · 2013 · cited in 2 New Jersey opinions naming this issue, 2020–2024
2 sentences

2024Super. at 274 , and the Court did not include it as an element of the claim in Battaglia, A-3113-22 14 214 N.J. at 547 , which was decided three years after Victor and authored by the same member of the Court.

2020To sustain his burden of proving an LAD retaliation claim pursuant to N.J.S.A. 10:5-12(d), plaintiff was required to prove he "'engaged in a protected activity known to the [BOE,]' [he] was 'subjected to an adverse employment decision[,]' and there is a causal link between the protected activity and the adverse employment action." Battaglia v. United Parcel Serv., Inc., 214 N.J. 518, 547 (2013) (quoting Woods-Pirozzi v. Nabisco Foods, 290 N.J.

12
Richter v. Oakland Bd. of Educ.green
njsuperctappdiv · 2019 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025New Jersey has been guided by the federal courts' interpretation of Title VII and civil rights legislation to decide what constitutes an adverse employment decision with regards to a LAD retaliation claim." Richter v. Oakland Bd. of Educ., 459 N.J.

11
Victor v. Stategreen
nj · 2010 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025The prima facie elements are: "(1) plaintiff was in a protected class; (2) plaintiff engaged in protected activity known to the employer; (3) plaintiff was thereafter subjected to an adverse employment consequence; and (4) that there is a causal link between the protected activity and the adverse employment consequence." Victor v. State, 203 N.J. 383, 409 (citing Woods-Pirozzi v. Nabisco Foods, 290 N.J.

11
Gertrude W. Abramson v. William Paterson College of New Jerseygreen
ca3 · 2001 · cited in 1 New Jersey opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Abramson v. William Paterson College, 260 F. 3d 265 (3d Cir. 2001); Mancuso v. City of Atlantic City, 193 F.Supp. 2d 789, 811 (D.N.J.2002).

11
Mancuso v. City of Atlantic Citygreen
njd · 2002 · cited in 1 New Jersey opinions naming this issue, 2005–2005
1 sentence

2005See, e.g., Abramson v. William Paterson College, 260 F. 3d 265 (3d Cir. 2001); Mancuso v. City of Atlantic City, 193 F.Supp. 2d 789, 811 (D.N.J.2002).

11
Wanamaker v. Columbian Rope Companygreen
ca2 · 1997 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002As the judge recognized, citing Wanamaker v. Columbian Rope Co., 108 F. 3d 462, 466 (2d Cir.1997), "`[b]ecause there are no bright-line rules, courts must pore over each case to determine whether the challenged employment action reaches the level of `adverse'.'" He properly looked for guidance to federal law dealing with Title VII and Civil Rights legislation to determine what constituted an adverse employment decision in the context of a LAD retaliation claim, considering factors such as the employee's loss of status, a clouding of job responsibilities, diminution in authority, disadvantageou

11
Tonya J. WIDEMAN, Plaintiff-Appellant, v. WAL-MART STORES, INC., Defendant-Appelleegreen
ca11 · 1998 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., Wideman v. Wal-Mart Stores, Inc., 141 F. 3d 1453, 1456 (11th Cir.1998); Wyatt v. City of Boston, 35 F. 3d 13, 15-16 (1st Cir.1994); Collins v. State of Illinois, 830 F. 2d 692, 703-04 (7th Cir.1987).

11
Collins v. State of Illinoisgreen
ca7 · 1987 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., Wideman v. Wal-Mart Stores, Inc., 141 F. 3d 1453, 1456 (11th Cir.1998); Wyatt v. City of Boston, 35 F. 3d 13, 15-16 (1st Cir.1994); Collins v. State of Illinois, 830 F. 2d 692, 703-04 (7th Cir.1987).

11
Wyatt v. City of Bostongreen
ca1 · 1994 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002See, e.g., Wideman v. Wal-Mart Stores, Inc., 141 F. 3d 1453, 1456 (11th Cir.1998); Wyatt v. City of Boston, 35 F. 3d 13, 15-16 (1st Cir.1994); Collins v. State of Illinois, 830 F. 2d 692, 703-04 (7th Cir.1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Nicole Prager v. Joyce Honda, Inc. green
njsuperctappdiv · 2016
1 sentence

2025Id. at 141 .

12025–2025
Young v. Schering Corp. green
njsuperctappdiv · 1994
1 sentence

2025See Tartaglia, 197 N.J. at 103 ; Young, 275 N.J. Super. at 238 .

12025–2025
Carmona v. Resorts International Hotel, Inc. green
nj · 2007
2 sentences

2020A-3846-18T1 8 In Carmona, the Court further defined the elements of a LAD-retaliation claim. 189 N.J. at 369-71 .

2020In part, defendant also argued plaintiff A-3846-18T1 5 lacked evidence establishing the prerequisite to a LAD-retaliation claim defined by our Supreme Court in Carmona; that plaintiff had a reasonable and good faith belief in the underlying discrimination complaint that triggered the alleged retaliatory actions. 189 N.J. at 373 .

12020–2020
Viscik v. Fowler Equipment Co., Inc. green
nj · 2002
2 sentences

2007As a result, we must also conclude that “the jury could have come to a different result had it been correctly instructed.” Ibid.

2007As a result, we must also conclude that "the jury could have come to a different result had it been correctly instructed." Ibid.

12007–2007
Jackson v. Birmingham Board of Education green
scotus · 2005
2 sentences

2007Id. at 187 n. 1, 125 S.Ct. at 1512 n. 1, 161 L.Ed.2d at 380 n. 1 (citing cases). 5 We recognize this requirement as an element of plaintiffs required proofs in a LAD-retaliation claim because its absence may well lead to abuse.

2007Id. at 187 n. 1, 125 S.Ct. at 1512 n. 1, 161 L.Ed.2d at 380 n. 1 (citing cases). 5 We recognize this requirement as an element of plaintiffs required proofs in a LAD-retaliation claim because its absence may well lead to abuse.

12007–2007
Wrighten v. Metropolitan Hospitals, Inc. green
ca9 · 1984
1 sentence

2005Our Supreme Court has identified the required elements of an LAD retaliation claim as follows: To establish a prima facie case of discriminatory retaliation, plaintiffs must demonstrate that: (1) they engaged in a protected activity known by the employer; (2) thereafter their employer unlawfully retaliated against them; and (3) their participation in the protected activity caused the retaliation. [ Craig v. Suburban Cablevision, 140 N.J. 623, 629-30 , 660 A. 2d 505 (1995)(citing Jamison v. Rockaway Township Bd. of Educ., 242 N.J.Super. 436, 445 , 577 A. 2d 177 (App.Div.1990); Wrighten v. *1188

12005–2005
Jamison v. Rockaway Tp. Bd. of Educ. green
njsuperctappdiv · 1990
2 sentences

2005Our Supreme Court has identified the required elements of an LAD retaliation claim as follows: To establish a prima facie case of discriminatory retaliation, plaintiffs must demonstrate that: (1) they engaged in a protected activity known by the employer; (2) thereafter their employer unlawfully retaliated against them; and (3) their participation in the protected activity caused the retaliation. [ Craig v. Suburban Cablevision, 140 N.J. 623, 629-30 , 660 A. 2d 505 (1995)(citing Jamison v. Rockaway Township Bd. of Educ., 242 N.J.Super. 436, 445 , 577 A. 2d 177 (App.Div.1990); Wrighten v. *1188

2005Our Supreme Court has identified the required elements of an LAD retaliation claim as follows: To establish a prima facie case of discriminatory retaliation, plaintiffs must demonstrate that: (1) they engaged in a protected activity known by the employer; (2) thereafter their employer unlawfully retaliated against them; and (3) their participation in the protected activity caused the retaliation. [ Craig v. Suburban Cablevision, 140 N.J. 623, 629-30 , 660 A. 2d 505 (1995)(citing Jamison v. Rockaway Township Bd. of Educ., 242 N.J.Super. 436, 445 , 577 A. 2d 177 (App.Div.1990); Wrighten v. *1188

12005–2005

Statutes the citing opinions construe

NJ § N.J. Stat. § 10:5-1 (10) NJ § N.J. Stat. § 10:5-12 (6) NJ § N.J. Stat. § 34:19-1 (6) NJ § N.J. Stat. § 10:5-3 (3) NJ § N.J. Stat. § 2A:15-5.12 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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