In Smith v. Millville Rescue Squad, Plaintiff Robert Smith alleged that he was terminated from his position as Director of Operations at Millville Rescue Squad (MRS) because management was concerned about the likelihood of an ugly or messy divorce. Smith and his wife, who was also employed by MRS, separated after his affair with another MRS employee came to light. Smith informed his supervisor about the pending divorce and affair and was ultimately discharged from his position. He filed suit alleging that he had been discriminated against based on his marital status in violation of the NJLAD.
The Legal Background
The NJLAD states, in relevant part: “It shall be an unlawful employment practice, or, as the case may be, an unlawful discrimination … [f]or an employer, because of the … marital status … of any individual … to refuse to hire or employ or to bar or to discharge … such individual….” The statute does not define “marital status,” and New Jersey courts had not previously defined the term.
The Court’s Decision
The Appellate Division concluded that the scope of the “marital status” protection under LAD protects persons from discrimination when they are in the process of being divorced.
“Consequently, we interpret ‘marital status’ to encompass the state of being divorced. Divorce unquestionably affects marital status. Particularly given modern trends, it would significantly undermine the marital status protection, if an employer could freely discriminate against persons who choose to divorce,” the court held.
As further detailed in the opinion, engaged workers are also entitled to protection. “‘Marital status’ necessarily embraces stages preliminary to marriage — one’s engagement to be married. The term also covers stages preliminary to marital dissolution — separation and involvement in divorce proceedings. The apparent purpose of the ban on marital-status-based discrimination is to shield persons from an employer’s interference in one of the most personal decisions an individual makes — whether to marry, and to remain married,” the court explained.
This decision highlights that termination decisions must always be made for the right reasons. While employers are still entitled to discipline or terminate workers who commit misconduct while getting divorced, they can be treated adversely simply do the stereotypes that accompany the process.
If you have questions about this case or want to ensure that your business is in compliance, please contact me, Ramon Rivera, or the Scarinci Hollenbeck Labor and Employment attorney with whom you work.
IP Infringement: What Steps Can You Take If You're Affected?
IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
No Aspect of the advertisement has been approved by the Supreme Court.
Results may vary depending on your particular facts and legal
circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
