Appeals Court Says No Extra Hurdle for Majority-Group Plaintiffs Bringing New Jersey Discrimination Claims: 4 Steps for Employers
“Majority-group” plaintiffs will now have an easier time bringing employment discrimination claims under New Jersey state law. The 3rd US Circuit Court of Appeals recently tossed out New Jersey’s longstanding heightened evidentiary standard for majority-group plaintiffs – such as heterosexual or White workers – alleging workplace discrimination under the New Jersey Law Against Discrimination (NJLAD). The decision aligns with a Supreme Court ruling last year that did the same for federal Title VII claims. The appeals court’s March 6 decision underscores the litigation risks associated with employment decisions that consider race, religion, or other protected characteristics. Here’s everything you need to know about the ruling and four proactive steps to consider for your business. Case Background Massey v. Borough of Bergenfield centers on a 2019 promotion decision in the Bergenfield Police Department. Christopher Massey, a White male, had served the department since 1995 and hel...