Walters v. Safelite Fulfillment, Inc., 2019 U.S. Dist. LEXIS 52355 (D.N.J. Mar. 28, 2019)

Non-resident plaintiff may not assert a claim under the NJ LAD when he was not employed in New Jersey but was bringing the suit of discrimination allegations that arose in New Jersey.

The plaintiff lived and worked out-of-state but filed a complaint in New Jersey for retaliation and termination under NJ Law Against Discrimination (NJ LAD), alleging the employer’s actions were due to the plaintiff’s complaints about conduct in New Jersey. In granting the employer’s motion to dismiss, the court ruled that an plaintiff may not invoke the protections of the NJ LAD if he is not actually employed in New Jersey. In reaching this decision, the court specifically rejected the plaintiff’s policy argument that the statute should be applied broadly since its underlying goal is to eradicate discrimination.


Case Law Alerts, 3rd Quarter, July 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.