New Jersey rules that divorcing workers are protected by state discrimination laws

DivorceAn employee’s discrimination case was revived by New Jersey’s Appellate Court which said divorcing workers are protected from discrimination under state law. The Appellate Court stated that “it would significantly undermine the marital status protection, if an employer could freely discriminate against persons who choose to divorce.”

In Smith v. Millville Rescue Squad, the plaintiff alleged wrongful termination based on his status as divorcing another employee, and based on his gender. Robert Smith worked for 17 years with with Millville Rescue Squad (MLS), which provides emergency services, and he was the Director of Operations at the time of his termination.

Smith’s wife, mother-in-law, and two sisters-in-law also worked for MLS. Smith and his wife separated due in part with an affair Smith had with another MRS employee, who resigned from the company. Smith was terminated and told the reason was because of the divorce. Smith’s wife was not terminated, despite testimony she also had an extramarital affair.

Smith sued MRS, alleging his termination violated the New Jersey Law Against Discrimination (NJLAD). The case was dismissed citing that his marital status discrmination claim was invalid. The Appellate Court, however, confirmed that ‘divorced’ is a martial status protected by the NJLAD. The Court found that because the employer had only married couples on payroll and no divorcing couples, that the employment claim would fall within the realm of the NJLAD. The Appellate Court upheld the dismissal of his (reverse) sex discrimination claim.

You can read the Appellate Court’s ruling here.

Robert Smith v. Millville Rescue Squad and John Redden, case number A-1717-12T3, in the Superior Court of New Jersey, Appellate Division.