Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.

The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity. A jury found in his favor but did not award any compensatory damages. By way of post-trial motion, the court granted the plaintiff’s request for equitable relief in the form of mandating additional departmental training and awarded the plaintiff attorney’s fees and costs. In largely affirming the trial court’s order, the Appellate Division held that the award of equitable relief rendered the plaintiff a “prevailing party” and, therefore, entitled him to recover the legal fees for prosecuting the claim.

_{Case Law Alerts, 3rd Quarter, July 2020 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 © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}