62 New Jersey opinions name it 3 courts 1976–2026 10 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.
| Case | Followed | Cited |
|---|---|---|
Victor v. Stategreen2 sentences2021Importantly, "[i]dentifying the elements of the prima facie case that are unique to the particular discrimination claim [under the LAD] is critical to its evaluation." Id. at 368 (quoting Victor, 203 N.J. at 410 ). 2021Importantly, "[i]dentifying the elements of the prima facie case that are unique to the particular discrimination claim [under the LAD] is critical to its evaluation." Id. at 368 (quoting Victor, 203 N.J. at 410 ). | 3 | 7 |
Lehmann v. Toys 'R' US, Inc.green2 sentences2019In Lehmann v. Toys 'R' Us, Inc., our Supreme Court delineated the standards of proof that are necessary in order to bring a discrimination claim A-3963-17T1 13 premised on acts of sexual harassment. 132 N.J. 587, 603 (1993). 2008In Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587 , 626 A.2d 445 (1993), Justice Garibaldi, writing for this Court, delineated the standards of proof that are necessary in order to bring a discrimination claim premised on acts of sexual harassment. | 2 | 3 |
Homi N. Amirmokri v. Baltimore Gas and Electric Companygreen2 sentences1998Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A.2d 321 (1997) (holding that an employer’s remedial response to complaints of harassment is relevant to an employee’s discrimination claim); Amirmokri, supra, 60 F.3d at 1131 (imposing liability for employer’s failure to take prompt action calculated to end ethnic harassment after becoming aware of it); Ellison v. Brady, 924 F.2d 872, 882 (9th Cir.1991) (requiring an employer to end sexual harassment); Davis, supra, 858 F.2d at 349 (shielding an employer from liability because it “took quick and appropriate measures to remedy the si 1998Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A.2d 321 (1997) (holding that an employer’s remedial response to complaints of harassment is relevant to an employee’s discrimination claim); Amirmokri, supra, 60 F.3d at 1131 (imposing liability for employer’s failure to take prompt action calculated to end ethnic harassment after becoming aware of it); Ellison v. Brady, 924 F.2d 872, 882 (9th Cir.1991) (requiring an employer to end sexual harassment); Davis, supra, 858 F.2d at 349 (shielding an employer from liability because it “took quick and appropriate measures to remedy the si | 2 | 2 |
Kerry Ellison v. Nicholas F. Brady, Secretary of the Treasurygreen2 sentences1998Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A.2d 321 (1997) (holding that an employer’s remedial response to complaints of harassment is relevant to an employee’s discrimination claim); Amirmokri, supra, 60 F.3d at 1131 (imposing liability for employer’s failure to take prompt action calculated to end ethnic harassment after becoming aware of it); Ellison v. Brady, 924 F.2d 872, 882 (9th Cir.1991) (requiring an employer to end sexual harassment); Davis, supra, 858 F.2d at 349 (shielding an employer from liability because it “took quick and appropriate measures to remedy the si 1998Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A. 2d 321 (1997) (holding that an employer's remedial response to complaints of harassment is relevant to an employee's discrimination claim); Amirmokri, supra, 60 F. 3d at 1131 (imposing liability for employer's failure to take prompt action calculated to end ethnic harassment after becoming aware of it); Ellison v. Brady, 924 F. 2d 872, 882 (9th Cir.1991) (requiring an employer to end sexual harassment); Davis, supra, 858 F. 2d at 349 (shielding an employer from liability because it "took quick and appropriate measures to remedy th | 2 | 2 |
Gilmer v. Interstate/Johnson Lane Corp.green2 sentences2000"The fact that what is at issue is a statutory remedy does not, in itself, affect the favored status accorded to arbitration." Alamo Rent A Car, Inc. v. Galarza, 306 N.J.Super. 384, 389 , 703 A. 2d 961 (App.Div.1997); see also Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 23 , 111 S.Ct. 1647, 1650 , 114 L.Ed. 2d 26, 35 (1991) (holding that the plaintiff's claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. §§ 621 to -634, may be subjected to mandatory arbitration); Great Western Mortgage Corp. v. Peacock, 110 F. 3d 222, 230-31 (3d Cir.) (rejecting the argument, adv 2000"The fact that what is at issue is a statutory remedy does not, in itself, affect the favored status accorded to arbitration." Alamo Rent A Car, Inc. v. Galarza, 306 N.J.Super. 384, 389 , 703 A. 2d 961 (App.Div.1997); see also Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 23 , 111 S.Ct. 1647, 1650 , 114 L.Ed. 2d 26, 35 (1991) (holding that the plaintiff's claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. §§ 621 to -634, may be subjected to mandatory arbitration); Great Western Mortgage Corp. v. Peacock, 110 F. 3d 222, 230-31 (3d Cir.) (rejecting the argument, adv | 2 | 2 |
Thornton v. Potamkin Chevroletgreen2 sentences2015"Nothing prevented plaintiff from presenting his defense more fully than he did." Winters, supra, 212 N.J. at 73 . 5 Plaintiff cited Thornton v. Potomkin Chevrolet, 94 N.J. 1 (1983), but Thornton involved the different issue of whether the entire controversy doctrine barred presentation before the Division on Civil Rights of a discrimination claim the plaintiff failed to raise in a grievance arbitration. 1996Noting the public interest in enforcement of the LAD, and the Legislature's *655 choice of forum in which to vindicate that public interest, the Court concluded that "neither failure to present nor unsuccessful prior submission of a discrimination claim to an available arbitration process provided in a labor agreement will foreclose an employee's statutory right to present the claim to the Division on Civil Rights." Id. at 9 , 462 A. 2d 133 . | 1 | 4 |
Montells v. Haynesgreen2 sentences2017A discrimination claim cuts most deeply at the personal level." Id. at 293 . 2001A discrimination claim cuts most deeply at the personal level.” Id. at 293 , 627 A.2d 654 . | 1 | 4 |
Shepherd v. Hunterdon Developmental Centergreen2 sentences2026However, in the context of a discrimination claim, New Jersey has adopted the Supreme Court 's ruling in National Rail Road Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002), that "a victim's knowledge of a claim is insufficient to start the limitations clock so long as the defendant continues the series of non -discrete acts on which the claim as a whole is based." Shepherd, 174 N.J. at 22 . 2017The continuing violation theory, which permits a plaintiff to pursue a discrimination claim based on a pattern of discriminatory conduct, does not alter that result because it requires a plaintiff to prove that "at least one of [the discriminatory] acts occurred within the statutory limitations period." Shepherd v. Hunterdon Developmental Ctr., 174 N.J. 1, 7 (2002). | 1 | 3 |
Winters v. North Hudson Regional Fire & Rescuegreen2 sentences2015"Nothing prevented plaintiff from presenting his defense more fully than he did." Winters, supra, 212 N.J. at 73 . 5 Plaintiff cited Thornton v. Potomkin Chevrolet, 94 N.J. 1 (1983), but Thornton involved the different issue of whether the entire controversy doctrine barred presentation before the Division on Civil Rights of a discrimination claim the plaintiff failed to raise in a grievance arbitration. 2015"Nothing prevented plaintiff from presenting his defense more fully than he did." Winters, supra, 212 N.J. at 73 . 5 Plaintiff cited Thornton v. Potomkin Chevrolet, 94 N.J. 1 (1983), but Thornton involved the different issue of whether the entire controversy doctrine barred presentation before the Division on Civil Rights of a discrimination claim the plaintiff failed to raise in a grievance arbitration. | 1 | 2 |
cluster 536506green2 sentences2017Consequently, "a discrimination analysis must concentrate not on individual incidents but on the overall scenario." Ibid. (quoting Andrews v. City of Philadelphia, 895 F.2d 1469, 1484 (3d Cir. 1990)) "Under the first prong of Lehmann, a plaintiff must show by a preponderance of the evidence that the impermissible conduct 18 A-1110-15T1 would not have occurred but for plaintiff's protected status." Shepherd, supra, 174 N.J. at 24 . 1993“A play cannot be understood on the basis of some of its scenes but only on its entire performance, and similarly, a discrimination analysis must concentrate not on individual incidents but on the overall scenario.” Andrews, supra, 895 F.2d at 1484 . | 1 | 2 |
Jersey City v. Division of Tax Appealsgreen2 sentences2002A taxing district need not proceed on the basis of a discrimination claim, for Jersey City v. Tax Appeals Div., 5 N.J.Super. 375, 381, 69 A.2d 331 (App.Div.1949), aff'd per curiam 5 N.J. 433 , 75 A.2d 865 (1950), expressly held that N.J.S.A. 54:3-21 allowed an appeal by the taxing district on the theory that the original assessment was merely “too low.” [Fair Lawn, supra., 3 N.J.Tax at 58 .] Similarly, in F.M.C. 2002A taxing district need not proceed on the basis of a discrimination claim, for Jersey City v. Tax Appeals Div., 5 N.J.Super. 375, 381, 69 A.2d 331 (App.Div.1949), aff'd per curiam 5 N.J. 433 , 75 A.2d 865 (1950), expressly held that N.J.S.A. 54:3-21 allowed an appeal by the taxing district on the theory that the original assessment was merely “too low.” [Fair Lawn, supra., 3 N.J.Tax at 58 .] Similarly, in F.M.C. | 1 | 2 |
National Railroad Passenger Corporation v. Morgangreen2 sentences2026However, in the context of a discrimination claim, New Jersey has adopted the Supreme Court 's ruling in National Rail Road Passenger Corp. v. Morgan, 536 U.S. 101, 113 (2002), that "a victim's knowledge of a claim is insufficient to start the limitations clock so long as the defendant continues the series of non -discrete acts on which the claim as a whole is based." Shepherd, 174 N.J. at 22 . 2026The Court differentiated claims based on "discrete acts" from "hostile work environment" claims, since discrete acts are "easy to identify" and each incident "constitutes a separate actionable 'unlawful employment practice.'" Shepherd, 174 N.J. at 19 (quoting Morgan, 536 U.S. at 114 ). | 1 | 1 |
Ziemba v. Riverview Medical Centergreen1 sentence2026See Ziemba, 275 N.J. | 1 | 1 |
Rivera v. Trump Plaza Hotel & Casinogreen1 sentence2024See Rivera v. Trump Plaza Hotel & Casino, 305 N.J. | 1 | 1 |
Wild v. Carriage Funeral Holdings, Inc.green1 sentence2021Establishing a prima facie case for "disability or perceived disability discrimination" under the LAD as alleged here requires a plaintiff to show: (1) a disability or the employer's perception that the employee was disabled; (2) the employee remains qualified to perform the essential functions of the job and was performing at a level that met the employer's expectations; (3) an adverse employment action because of the disability or perceived disability; and (4) the employer thereafter sought a similarly qualified individual. [Wild v. Carriage Funeral Holdings, Inc., 458 N.J. | 1 | 1 |
Quinlan v. Curtiss-Wright Corp.green2 sentences2015See Quinlan, supra, 204 N.J. at 267-69 , 8 A.3d 209 . 2015See Quinlan, supra, 204 N.J. at 267-69 , 8 A.3d 209 . | 1 | 1 |
| Martha ARMSTRONG, Appellant, v. INDEX JOURNAL COMPANY, Appelleegreen | 1 | 1 |
| Laresca v. American Telephone & Telegraphgreen | 1 | 1 |
| Van De Pol v. Caesars Hotel Casinogreen | 1 | 1 |
| Bosshard v. Hackensack Univ. Med. Ctr.green | 1 | 1 |
| Great Western Mortgage Corporation v. Michele Peacockgreen | 1 | 1 |
| Campione v. Adamar of New Jersey, Inc.green | 1 | 1 |
| Jesse B. Davis and Richard Lorence Harris v. Monsanto Chemical Company, Teamsters Local 299green | 1 | 1 |
| Monmouth Chrysler-Plymouth, Inc. v. Chrysler Corp.green | 1 | 1 |
| State v. De Michaelgreen | 1 | 1 |
| Giammario v. Trenton Bd. of Educ.green | 1 | 1 |
| Alperstein v. Three Lakes Water & Sanitation Districtgreen | 1 | 1 |
| Caldwell v. Enochgreen | 1 | 1 |
| Moore v. Volkswagenwerk, A. G.green | 1 | 1 |
| Hughes v. Fettergreen | 1 | 1 |
| Connecticut v. Tealgreen | 1 | 1 |
| Ford v. Fordgreen | 1 | 1 |
| Erickson v. Marsh & McLennan Co., Inc.green | 1 | 1 |
| Lloyd v. Stone Harborgreen | 1 | 1 |
| 24 Fair empl.prac.cas. 920, 24 Empl. Prac. Dec. P 31,417 Miriam E. Geller, Cross-Appellee v. Walter Markham, Cross-Appelleesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alexander v. Gardner-Denver Co.
green
2 sentences2024In support of its determination, the Court found "an important analogy in" the United States Supreme Court's decision in Alexander v. Gardner-Denver Co., 415 U.S. 36 (1974), "which held that a proceeding to enforce a discrimination claim under Title VII of the Civil Rights Act of 1964 would not be foreclosed by a previous unsuccessful labor arbitration of a claim" pursuant to the grievance procedure in a collective bargaining agreement. 1984A parallel is Alexander v. Gardner-Denver Co., 415 U.S. 36 , 94 S.Ct. 1011 , 39 L.Ed. 2d 147 (1974), in which the Supreme Court held that a federal court should consider an employee’s discrimination claim de novo, but that the arbitrator’s decision could be admitted as evidence and accorded such weight as the court deemed appropriate. | 3 | 1983–2024 |
Erickson v. Marsh & McLennan Co.
green
2 sentences1998For purposes of a prima facie case, it is important to distinguish between a discrimination claim by a member of the usual protected class, and a reverse discrimination claim because in the latter case, “the rationale supporting the rebuttable presumption of discrimination embodied in the prima facie elements does not apply.” Erickson, supra, 117 N.J. at 551 , 569 A.2d 793 . 1998For purposes of a prima facie case, it is important to distinguish between a discrimination claim by a member of the usual protected class, and a reverse discrimination claim because in the latter case, “the rationale supporting the rebuttable presumption of discrimination embodied in the prima facie elements does not apply.” Erickson, supra, 117 N.J. at 551 , 569 A.2d 793 . | 2 | 1998–2024 |
Cowher v. Carson & Roberts
green
2 sentences2019Ibid. 2019Ibid. | 2 | 2019–2019 |
Payton v. New Jersey Turnpike Authority
green
2 sentences2002Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A. 2d 321 (1997) (holding that an employer's remedial response to complaints of harassment is relevant to an employee's discrimination claim); Amirmokri v. Baltimore Gas & Elec. 2002Payton v. New Jersey Turnpike Auth., 148 N.J. 524, 537 , 691 A. 2d 321 (1997) (holding that an employer's remedial response to complaints of harassment is relevant to an employee's discrimination claim); Amirmokri v. Baltimore Gas & Elec. | 2 | 1998–2002 |
Jersey City v. Division of Tax Appeals
green
2 sentences2002A taxing district need not proceed on the basis of a discrimination claim, for Jersey City v. Tax Appeals Div., 5 N.J.Super. 375, 381, 69 A.2d 331 (App.Div.1949), aff'd per curiam 5 N.J. 433 , 75 A.2d 865 (1950), expressly held that N.J.S.A. 54:3-21 allowed an appeal by the taxing district on the theory that the original assessment was merely “too low.” [Fair Lawn, supra., 3 N.J.Tax at 58 .] Similarly, in F.M.C. 2002A taxing district need not proceed on the basis of a discrimination claim, for Jersey City v. Tax Appeals Div., 5 N.J.Super. 375, 381, 69 A.2d 331 (App.Div.1949), aff'd per curiam 5 N.J. 433 , 75 A.2d 865 (1950), expressly held that N.J.S.A. 54:3-21 allowed an appeal by the taxing district on the theory that the original assessment was merely “too low.” [Fair Lawn, supra., 3 N.J.Tax at 58 .] Similarly, in F.M.C. | 2 | 1981–2002 |
McDonnell Douglas Corp. v. Green
green
1 sentence2021A discrimination claim based on disparate treatment is also evaluated under the McDonnell-Douglas framework discussed above. 411 U.S. at 802 . | 1 | 2021–2021 |
Williams v. PEMBERTON TP. SCHOOLS
green
2 sentences2020In making our analysis on the LAD claim, we stated, "New Jersey courts have generally begun their analyses of the elements of a discrimination claim by turning to McDonnell Douglas and by then making appropriate adjustments in light of the factual underpinnings of the particular plaintiff's claim." Id. at 498 . 2020Our courts and the federal courts have similarly struggled with the fourth prong, A-2320-18T3 16 "particularly whether replacement by an individual outside the protected class is a necessary element." Id. at 501 . | 1 | 2020–2020 |
Michael Wolff v. Salem County Correctional Facility and County of Salem
green
1 sentence2019See Winters, A-3885-17T3 13 212 N.J. at 91-92 ; Wolff, 439 N.J. | 1 | 2019–2019 |
Lisa Ann Burns v. McGregor Electronic Industries, Inc.
green
1 sentence2017Consequently, "a discrimination analysis must concentrate not on individual incidents but on the overall scenario." Ibid. (quoting Andrews v. City of Philadelphia, 895 F.2d 1469, 1484 (3d Cir. 1990)) "Under the first prong of Lehmann, a plaintiff must show by a preponderance of the evidence that the impermissible conduct 18 A-1110-15T1 would not have occurred but for plaintiff's protected status." Shepherd, supra, 174 N.J. at 24 . | 1 | 2017–2017 |
Bell Tower Condominium Ass'n v. Haffert
green
2 sentences2016Ass’n v. Haffert, 423 N.J.Super. 507, 510 , 33 A.3d 1235 (App.Div.) (noting “the long-established public policy of this State” favoring alternative dispute resolution), certif. denied, 210 N.J. 217 , 42 A.3d 889 (2012). 2016Ass’n v. Haffert, 423 N.J.Super. 507, 510 , 33 A.3d 1235 (App.Div.) (noting “the long-established public policy of this State” favoring alternative dispute resolution), certif. denied, 210 N.J. 217 , 42 A.3d 889 (2012). | 1 | 2016–2016 |
State v. DIORIO
green
2 sentences2016Ass’n v. Haffert, 423 N.J.Super. 507, 510 , 33 A.3d 1235 (App.Div.) (noting “the long-established public policy of this State” favoring alternative dispute resolution), certif. denied, 210 N.J. 217 , 42 A.3d 889 (2012). 2016Ass’n v. Haffert, 423 N.J.Super. 507, 510 , 33 A.3d 1235 (App.Div.) (noting “the long-established public policy of this State” favoring alternative dispute resolution), certif. denied, 210 N.J. 217 , 42 A.3d 889 (2012). | 1 | 2016–2016 |
Gere v. Louis
green
2 sentences2016First, it allows for an alternative dispute resolution of the discrimination claim, and New Jersey has a “strong public policy in favor of the settlement of litigation.” Gere v. Louis, 209 N.J. 486, 500 , 38 A.3d 591 (2012); see also Bell Tower Condo. 2016First, it allows for an alternative dispute resolution of the discrimination claim, and New Jersey has a “strong public policy in favor of the settlement of litigation.” Gere v. Louis, 209 N.J. 486, 500 , 38 A.3d 591 (2012); see also Bell Tower Condo. | 1 | 2016–2016 |
Ackerman v. the Money Store
green
1 sentence2016Once a finding is made in either the Superior Court or the DCR, “the final determination therein shall exclude any other action, civil or criminal, based on the same grievance of the individual concerned.” Ibid. 3 *359 Permitting an aggrieved party to bring a discrimination claim to the DCR (within six months) furthers important public policies of this state. | 1 | 2016–2016 |
| Dennis v. O'Day v. McDonnell Douglas Helicopter Company, a Foreign Corporation, (Two Cases) green | 1 | 2010–2010 |
| Dafro M. JEFFERIES, Plaintiff-Appellant, v. HARRIS COUNTY COMMUNITY ACTION ASSOCIATION Et Al., Defendants-Appellees green | 1 | 2010–2010 |
| Walter W. GRANT, Plaintiff-Appellant, v. HAZELETT STRIP-CASTING CORPORATION, Defendant-Appellee green | 1 | 2010–2010 |
| Lopez v. Swyer green | 1 | 2010–2010 |
| Darrell KEMPCKE, Plaintiff—Appellant, v. MONSANTO COMPANY, Defendant—Appellee green | 1 | 2010–2010 |
Karen Laughlin v. Metropolitan Washington Airports Authority Augustus Melton, Jr.
green
2 sentences2010These decisions have considered a range of fact patterns including an employee who sent confidential documents that she believed were evidence of discrimination to an outside director of the company, see Jefferies, supra, 615 F. 2d at 1029 ; an employee who found a list of individuals targeted for dismissal that he thought was discriminatory and sent it to one of those listed, see O'Day, supra, 79 F. 3d at 758 ; an employee who, unsolicited, sent confidential documents to a former employee who was pursuing a discrimination claim against the employer, see Laughlin, supra, 149 F. 3d at 256 ; and 2010These decisions have considered a range of fact patterns including an employee who sent confidential documents that she believed were evidence of discrimination to an outside director of the company, see Jefferies, supra, 615 F. 2d at 1029 ; an employee who found a list of individuals targeted for dismissal that he thought was discriminatory and sent it to one of those listed, see O'Day, supra, 79 F. 3d at 758 ; an employee who, unsolicited, sent confidential documents to a former employee who was pursuing a discrimination claim against the employer, see Laughlin, supra, 149 F. 3d at 256 ; and | 1 | 2010–2010 |
| Niswander v. Cincinnati Insurance green | 1 | 2010–2010 |
| Leshner v. McCollister's Transportation Systems, Inc. green | 1 | 2008–2008 |
| Seiden v. Marina Associates green | 1 | 2008–2008 |
| cluster 771088 green | 1 | 2006–2006 |
| Spragg v. Shore Care green | 1 | 2003–2003 |
| Grigoletti v. Ortho Pharmaceutical Corp. green | 1 | 2002–2002 |
| F.M.C. Stores Co. v. Borough of Morris Plains green | 1 | 2002–2002 |
| Massey v. Trump's Castle Hotel & Casino green | 1 | 2002–2002 |
| Miller v. Beneficial Management Corp. green | 1 | 2002–2002 |
| FMC Stores Co. v. Boro. of Morris Plains green | 1 | 2002–2002 |
| Fair Lawn Borough v. Blue Hill Associates neutral | 1 | 2002–2002 |
| Weyerhaeuser Co. v. Borough of Closter green | 1 | 2001–2001 |
| Township of West Milford v. Van Decker green | 1 | 2001–2001 |
| Quigley v. KPMG PEAT MARWICK, LIP green | 1 | 2000–2000 |
| Alamo Rent a Car, Inc. v. Galarza green | 1 | 2000–2000 |
| Dillon v. Northern Indiana Commuter Transportation District green | 1 | 2000–2000 |
| Peacock v. Great Western Mortgage Corp. green | 1 | 2000–2000 |
| Gallo v. Salesian Soc., Inc. green | 1 | 1997–1997 |
| Dixon v. Rutgers, the State University of NJ green | 1 | 1997–1997 |
| Teaneck Board of Education v. Teaneck Teachers Ass'n green | 1 | 1996–1996 |
| Severine v. Ford Aerospace & Communications Corp. green | 1 | 1995–1995 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.