The Court’s employment decisions this term kept it in the vanguard, addressing novel issues surrounding the use of electronic communications in the workplace, confirming the scope of the continuing violation doctrine and the discovery rule, and adopting a limited interpretation of an exception to the Law Against Discrimination.
The Court’s decision in Stengart v. Loving Care Agency, Inc., 201 N.J. 300 (2010), touched on the hot-button topics of employee computer use and abuse, employee privacy and employer rights to control their equipment and their workplaces, and may well have been the Court’s most widely discussed opinion of the year. But while it answers some important questions regarding modern communications in the workplace, it leaves even more questions unanswered.
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