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The New Jersey Law Against Discrimination (LAD) outlaws an employer’s reprisal against any employee who seeks protection under it, such as by filing a lawsuit for discrimination/harassment, reporting harassment, or cooperating in an investigation of harassment. The anti-reprisal protections of the LAD also apply to retaliation that happens after an employee is fired — such as by cancelling health benefits too soon. Defense lawyers have argued that so-called “post-employment retaliation” is not covered by the LAD because it is not a “term or condition of employment.” But the New Jersey courts recently ruled that the LAD outlaws such post-termination retaliation.
March 24, 2010 – Paul Castronovo – Castronovo & McKinney – NJ Discrimination Lawyer