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Cicchetti v. Morris County Sheriff’s Office, A-102-06, (N.J. May 28, 2008)

Articles Discussing Case:

Dishonesty In Job Application May Limit, But Does Not Bar, NJLAD Claim.

Ogletree Deakins • June 09, 2008
Addressing the issue of “after acquired evidence”, the New Jersey Supreme Court held that an individual who concealed requested, but not disqualifying, information on a job application – here, information about a prior conviction – is not precluded from pursuing a claim under the NJLAD, even if the employer can show that it would not have hired the employee had it known of the information at the time of hiring.

Supervisor Liability Under LAD Clarified.

Ogletree Deakins • June 09, 2008
The New Jersey Supreme Court held in the Cicchetti case that a supervisor can only be held personally liable under the NJLAD if he/she was an “aider or abettor,” which “require[s] active and purposeful conduct.” Although several questions about individual liability remain – such as whether a non-supervisory employee can be held individually liable under the NJLAD – the Court definitively held that a supervisor who is merely accused of failing to respond promptly to complaints of harassment or discrimination cannot be personally liable under the NJLAD.