This year brought several important and interesting employment law decisions with wide-reaching implication for employers. Issues addressed include the statute of limitations under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. (LAD), the scope of a cause of action for alleged failure to accommodate an employee’s disability, the scope of protected activity under the LAD, and the availability of back- and front-pay damages under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (CEPA).
Statute of Limitations
Henry v. N.J. Dept. of Human Svcs., 204 N.J. 320 (2010), made front-page headlines for its voluminous multiple opinions on the constitutionality of Judge Stern’s assignment to fill a vacancy on the Court. The actual substance of the Court’s opinion on the case before it received little notice, but it should not be ignored. It is significant both for its confirmation of the scope of the continuing violation theory established by the Court in Shepherd v. Hunterdon Developmental Center, 174 N.J. 1 (2002), and for its primary holding that in appropriate LAD cases, a Lopez hearing should be held to determine applicability of the discovery rule.
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