In what has become common practice in wrongful discharge cases brought under the New Jersey Law Against Discrimination (LAD), terminated employees are not only suing their employer, but also naming as an individual defendant the supervisor who made the decision to terminate.
The LAD prohibits an array of unlawful employment practices and unlawful discrimination by “employers.” N.J.S.A. §10:5-12(a). Although supervisory employees are not defined as “employers” under the LAD, “employees” can be liable if they “aid, abet, incite, compel or coerce” the harassment or discrimination of another. N.J.S.A. §10:5-12(e). It was only within the last decade that the New Jersey Supreme Court first set forth the standard for holding an employee liable as an aider and abettor under the LAD. However, much confusion on this frequently-litigated issue remains, and courts applying New Jersey law have yet to follow a uniform rule in situations where a supervisor is alleged to have aided and abetted his or her own conduct.
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