Threat of termination may be sufficient adverse employment action to maintain discrimination action under the New Jersey Law Against Discrimination.

The plaintiff worked as a psychologist for the state of New Jersey. She alleged the existence of a hostile work environment based upon sexually inappropriate comments and behavior. The internal EEO investigation found her complaints to be uncorroborated. Thereafter, she resigned since she felt that her supervisor was trying to build a case to fire her. She then filed suit alleging violations of the New Jersey Law Against Discrimination. While the court concluded that the conduct at issue, either individually or considered in the aggregate, did not amount to adverse employment action, the Appellate Division held that the threat of termination, though not carried out, did give rise to a claim since it was the type of conduct that would chill employees' reporting inappropriate behavior.

Case Law Alert, 3rd Quarter 2013