NJLAD obligation to accommodate sincerely held religious observance or practice.

The plaintiff was a "Born Again" Christian and asserted that his religious beliefs precluded him from working on Sunday. He asserted that his employer failed to accommodate his sincerely held religious beliefs and wrongfully terminated him. The defendant denied the claim and also questioned the sincerity of the plaintiff's religious belief since he subsequently worked on Sunday for others. The plaintiff acknowledged working on Sunday after his discharge, but indicated that he worked was after sunset and that he needed the money, so he had no choice. In reinstating the complaint following the trial court's grant of summary judgment, the Appellate Division concluded that the sincerity of the plaintiff's belief was a jury question. Further, the court concluded that the employer's Vice President's failure to intercede in the meeting when the President of the company terminated the plaintiff could create individual liability under the LAD's aiding and abetting provision.

Case Law Alert - 1st Qtr 2011