Retaliation Claims in New Jersey & Associates, PC. He practices in the fields of professional liability, employment litigation, insurance coverage, products liability and complex commercial litigation. 30 North Haddon Avenue, Suite 200 Haddonfield, New Jersey 08033 856.528.9811 Phone 856.354.6040 Fax tpaschos@paschoslaw.com www.paschoslaw.com Discrimination has a specific subsection addressing employer retaliation against employees for engaging in "protected" activity. activity that are "protected:" (1) oppos- ing practices or acts that are unlawful under the LAD, i.e., complaining about, or protesting against, discrimination in the workplace and (2) filing a complaint or testifying or assisting in any proceeding under this act. In addition, this section of the LAD provides that it is unlawful for an employer "to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that per- son having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this act." also apply to retaliation that happens after an employee is fired. order to establish a prima facie case of re- required to show: (1) he/she was engaged in a protected activity known to the em- ployer; (2) he/she was thereafter subjected to an adverse employment decision by the employer; and (3) there was a causal link between his protected activity and the subsequent adverse employment action. reason more likely than not motivated the defendant's action or that the defendant's stated reason for its action is not the real reason for its action. To prevail, the plaintiff is not required to prove that his/ her protected activity was the only reason or motivation for the defendant's actions. not limited to, being discharged, demoted, not hired, not promoted or disciplined. In addition, many separate but relatively mi- nor instances of behavior directed against the plaintiff may combine to make up a pattern of retaliatory behavior. underlying complaint of discrimination was brought "reasonably and in good faith." Protection Act Protection Act (CEPA), commonly known as New Jersey's "whistleblower statute," an employee may not be discharged or discriminated against in retaliation for the following activities: an activity, policy or practice of the employer (or another employer) that the employee reasonably believes is illegal, fraudulent or criminal. The disclosure may be made to either a supervisor or a public body. a public body conducting an inves- tigation, hearing or inquiry into an employer's violation of law. in an activity, policy or practice that the employee reasonably believes is illegal, fraudulent, criminal or incompatible with a clear mandate of public policy. pursuant to CEPA must demonstrate that: (1) he or she reasonably believed that his or her employer's conduct was violating either a law, rule or regulation promulgated pursuant to law, or a clear mandate of public policy; (2) he or she performed a "whistle-blowing" activity; (3) an adverse |