New Jersey Employment Law Decision Examines Limits of the Continuing Violation Doctrine Under the NJ Law Against Discrimination
The New Jersey Law Against Discrimination is one of the strongest anti-discrimination employment laws in the country. Under the Law Against Discrimination, discriminatory harassment which constitutes a “continuing violation” can be actionable even if it occurred before the two-year statute of limitations provided that it was a continuous course of conduct which only ended within the limitation period. A New
Jersey appeals court recently examined when harassment does, and doesn’t, constitute a continuing violation in the case of Michael Acey vs. City of Paterson, Manuel Ojeda and William Rodriguez.
Background: The Allegations
According to the Appellate Division’s opinion, Michael Acey was hired by the City of Paterson in 1998 as a laborer in the Department of Public Works. He was promoted to supervisor in 2012. In 2017 he was promoted to supervisor of the night shift at his own request so that he could work a second job.
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