You be the Judge: The Lad is not a Civility Code

If you are subjected to uncomfortable treatment in the workplace, this may interest you.

The New Jersey Law Against Discrimination (LAD) is a valuable protection against discrimination in the workplace. In a recent decision, the Appellate Division examined a case brought by a Jewish police officer who claimed he was subjected to a hostile work place because of insults and pranks directed to his religion.

Plaintiff recalled a co-worker once referring to Jews as "dirty". And, some time later, the same co-worker was overheard to say: "Let's get rid of all those dirty Jews." On another occasion, someone put an Israeli flag in his locker. On another occasion, plaintiff's supervisor directed him not to wear a yarmulke to work.

Defendant argued that the comments were merely sporadic. Further, they were part of a work environment in which officers, including plaintiff, often kidded and teased one another. For many years, plaintiff had not complained that he was offended.

A jury ruled for plaintiff, but awarded no damages.

YOU BE THE JUDGE: Isn't a worker entitled to be protected when comments at work are hurtful and uncivil?

The Appellate Division reversed, finding there was no violation of the LAD. It held that the LAD is not a civility code. Comments which are merely offensive do not create a hostile work environment. The crucial evaluation is whether, under the circumstances, the conduct is severe, pervasive, humiliating, and unreasonable.

And where, as here, a plaintiff participates in the very conduct of which he later complains, the LAD affords no protection.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Lodi, Norwood, Hasbrouck Heights, Palisades Park, Ho-ho-kus, Harrington Park and throughout Bergen County, in North Haledon, Ringwood, Passaic, Haledon and elsewhere in Passaic County, in Nutley, West Caldwell, Roseland, Maplewood, Irvington and throughout Essex County, in Garwood and Elizabeth in Union County, in Whippany, Montville, Pompton Plains, Parsippany and Long Valley and Mendham in Morris County, in Murray Hill, Kenilworth, Plainfield and Cranford in Union County, in Long Branch, Marlboro and Oakhurst in Monmouth County, in Old Bridge and Highland Park in Middlesex County, in Guttenberg, Hoboken, Harrison and North Bergen in Hudson County, in Hightstown, Hamilton Township, Frenchtown and Hopewell in Mercer County and throughout the State of New Jersey, as well as New York City. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.