NJ SUPREME COURT ISSUES DECISION CLARIFYING SCOPE OF RELIEF AVAILABLE NJLAD AND CEPA, EMOTIONAL DISTRESS PROOFS

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Yesterday’s decision by Justice Helen Hoens of the New Jersey Supreme Court in Battaglia v. United Parcel Service, Inc., 2013 WL 3716939 ( July 17, 2013) provides some significant and necessary guidance on the scope of relief available under both the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (“LAD”) and Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8 (“CEPA”), and is a must read for anyone who practices in the employment law arena or advises companies on employment practices.

Justice Hoens’ decision offers significant clarification and guidance in several areas, including: 1) can an employee recover under LAD for objecting to vulgar and offensive comments about women by a co-worker when it is undisputed that no women were subjected to the comments or claimed a hostile work environment because of them; and 2) can an employee recover under CEPA for “blowing the whistle” on what amount to violations of internal company policies, such as restrictions on credit card use; and 3) can an employee who makes a claim under LAD or CEPA recover for emotional distress damages that extend into the future without presenting any expert testimony?

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kevin O'Connor, Peckar & Abramson, P.C. | Attorney Advertising

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