CEPA waiver provision mandates dismissal of NJLAD retaliation claim that arises from same conduct and is not substantially independent.

The plaintiff filed a lawsuit against her employer, alleging violations of Title VII, the NJLAD and CEPA. The NJLAD and CEPA claims were both premised upon claims of retaliation for reporting/objecting to allegedly discriminatory practices at work. In dismissing the NJLAD retaliation claim, District Judge Linares concluded that the claim was duplicative of the allegations made under CEPA and that CEPA’s waiver provision precluded the NJLAD action since the NJLAD claim was not substantially independent.

_{Case Law Alerts, 3rd Quarter, July 2016}

_{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 © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}