5-28-08 (A-102-06)
A law enforcement employee’s failure to disclose an expunged conviction does not prohibit the employee from pursuing a workplace discrimination complaint, but evidence of the conviction can be used to limit or potentially eliminate economic damages. The individual supervisory defendants do not bear any personal liability because the statutory basis for personal liability by an individual is limited to acts that constitute aiding or abetting, and this record reveals no act by either of the individual supervisory defendants sufficient to meet that statutory test.
