“Majority-group” plaintiffs will now have an easier time bringing employment discrimination claims under New Jersey state law. The 3rd US Circuit Court of Appeals recently tossed out New Jersey’s longstanding heightened evidentiary standard for majority-group plaintiffs – such as heterosexual or White workers – alleging workplace discrimination under the New Jersey Law Against Discrimination (NJLAD). The decision aligns with a Supreme Court ruling last year that did the same for federal Title VII claims. The appeals court’s March 6 decision underscores the litigation risks associated with employment decisions that consider race, religion, or other protected characteristics. Here’s everything you need to know about the ruling and four proactive steps to consider for your business.
Case Background
Massey v. Borough of Bergenfield centers on a 2019 promotion decision in the Bergenfield Police Department. Christopher Massey, a White male, had served the department since 1995 and held leadership positions such as Deputy Chief and acting Officer-in-Charge. When the Borough Council considered candidates for the Chief of Police role, they chose Captain Mustafa Rabboh, an Arab Muslim officer who had joined the department in 2003, over Massey.
Massey filed suit in New Jersey federal court, alleging violations under the NJLAD (as well as federal civil rights laws). The district court granted summary judgment in favor of the Borough and individual council members. In its decision...
exporters knowingly avoided U. S. duties on Asian and European flat-rolled steel products, agreeing to pay $19 million to resolve the dispute, according to a press release issued Wednesday by the U...