New Jersey Supreme Court Heightens the Standard of Proof for Plaintiffs to Establish a Retaliation Claim Under the LAD

On February 21, 2007, the New Jersey Supreme Court decided two issues that will assist employers in defending claims of retaliatory discharge. In Carmona v. Resorts International, Inc., the Court found that: (1) an employee’s complaint of retaliatory discharge under the New Jersey Law Against Discrimination (LAD) must be made in good faith and on a
reasonable basis; and (2) an investigative report prepared by the employer supporting the reasons for the discharge can be used as evidence at trial.

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