CEPA waiver provision bars pursuit of NJLAD claim premised upon same set of operative facts.

The plaintiff filed suit against his employer, the New Jersey state police, alleging he suffered an adverse employment action based upon his objection to the racist and sexist practices of the department. He asserted claims under both the New Jersey whistleblower statute (CEPA) and the New Jersey Law Against Discrimination (NJLAD). In upholding the dismissal of the NJLAD claim, the court concluded that the CEPA waiver provision applied to and precluded any and all other similar claims, even those permitted by other statutory authority.

Case Law Alert - 4th Qtr 2011