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Kwiatkowski v. Merrill Lynch, A-2270-06T1 (App. Div., August 13, 2008)

Articles Discussing Case:

Single Anti-Gay Comment May Create Hostile Work Environment.

Ogletree Deakins • September 10, 2008
Continuing the trend of recent cases which have expressed little tolerance for bigoted comments in the workplace, the Appellate Division held that a single anti-gay remark by a supervisor – who allegedly called her subordinate a “stupid fag” under her breath after an argument – may be enough to create a hostile working environment under the NJLAD, and sent the case back for a trial. The Court found the facts here comparable to those in Taylor v. Metzger, 152 N.J. 490 (1998), where the Supreme Court held that a single racist remark by a supervisor, who called a subordinate “jungle bunny,” could create a hostile working environment. The Kwiatkowski decision follows the decision last month in Cutler v. Dorn, in which the Supreme Court held that anti-Semitic remarks in the workplace were serious enough to create a hostile working environment.