NJLAD claim of aiding and abetting cannot be asserted against actual harasser.

The plaintiff alleged that, following the settlement of a prior discrimination claim against his employer, his supervisor was abusive and wrongfully terminated him. The complaint only alleged wrongful conduct by the supervisor. In dismissing the claims of aiding and abetting by the supervisor, Judge Martini concluded that the claim failed to state a cause of action since the conduct must aid or abet another. Thus, if a supervisor is the sole actor, no viable claim under this section exists.

Case Law Alert - 2nd Qtr 2012