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.
Breach of Contract Explained: Types and Consequences
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Gross Lease vs. Net Lease: Understanding the Key Differences
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
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!
