As employees continue to work fully remote, courts will be tasked with determining what state discrimination law applies to an employee who does not live or work in the same state as their employer. In grappling with this question with no precedent from New Jersey’s highest court, the United States District Court for the District of New Jersey held that the protections of New Jersey’s Law Against Discrimination reached an out-of-state remote employee who worked for a New Jersey company, even though the employee has never lived or worked in the state. In a recent decision, the United States District Court for the District of New Jersey issued an opinion in which they predicted whether an out-of-state remote employee working for a New Jersey-based company was protected by New Jersey’s discrimination laws. See Schulman v. Zoetis, Inc., 2023 WL 4539476 (D.N.J. July 14, 2023).
Schulman, a New Hampshire resident, sued Zoetis, a company headquartered in New Jersey, asserting claims under the federal Equal Pay Act, Title VII, and New Jersey state law. Schulman was hired to work remotely from her home in New Hampshire, and all necessary equipment needed for the role was shipped to Schulman’s home by the company. Throughout her employment, Schulman did not work or step foot in New Jersey, as she conducted all of her work from her home office in New Hampshire. Zoetis moved to dismiss the New Jersey state claims, arguing that Schulman was not protected by New Jersey’s Law Against...
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