Advertising Disclosure Email Disclosure

A two-year statute of limitations applies to a discrimination in pay claim brought under the New Jersey law against discrimination regardless of the enactment of the Lilly Ledbetter Fair Pay Act.

January 1, 2010
Alexander v. Seton Hall University, Docket No. A-1251-08T3 (Dec. 7, 2009)

Three long-time female Seton Hall University Professors filed suit against the University alleging age and sex discrimination in pay in violation of the New Jersey Law Against Discrimination ("NJLAD"). The trial court dismissed those allegations relating to wage decisions made more than two years prior to the filing of suit based upon a conclusion that they were time barred. On appeal the plaintiffs asserted that the limitation imposed on the claim was improper since they were entitled to argue that a continuing violation existed and that the trial court's reliance upon the United States Supreme Court decision in Ledbetter v. Goodyear was inappropriate given the subsequent enactment of the Lilly Ledbetter Act, which overturned the Supreme Court's decision. In affirming the decision, the Appellate Division concluded that the continuing violation doctrine was inapplicable since each pay decision was a discrete act for statute of limitations purposes. Further, the court concluded that the NJLAD typically followed federal jurisprudence and, therefore, the New Jersey Supreme Court would likely follow the U.S. Court decisions and not the subsequent legislative enactment, especially since the New Jersey Legislature had not amended the NJLAD to mirror the changes made to Title VII.

Case Law Alert - 1st Qtr 2010

Affiliated Attorney

Lawrence B. Berg
(856) 414-6031

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."