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Smith v. Millville Rescue Squad, (A-19-14, June 21, 2016)

Articles Discussing Case:

New Jersey Employer’s Fear of Employee’s “Ugly Divorce” Forms Basis of Marital Status Bias Claim

Ogletree Deakins • August 16, 2016
In Smith v. Millville Rescue Squad, (A-19-14, June 21, 2016), the New Jersey Supreme Court broadly interpreted the prohibition against marital status discrimination in the Law Against Discrimination (LAD) to protect a person who has separated from his or her spouse and is in the process of getting a divorce. In the case at hand, a plaintiff was discharged after he informed his supervisor he was engaged in an affair with a coworker and that he and his wife (another coworker) were about to commence divorce proceedings. Fearing there would be an “ugly divorce,” the supervisor took the matter to the company’s board of directors, which terminated the plaintiff’s employment.

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