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Thursday, July 10, 2008

Fernando Roa, et al. v. Lafe and Marino Roa

07-07-08 A-2588-06T3

Without reaching the merits of plaintiff's complaint, we reversed the trial judge's grant of summary judgment prior to discovery. We conclude that plaintiff may state a cause of action under the LAD's anti-retaliation provision, N.J.S.A. 10:5-12 (d), based upon post-termination conduct of his former employer that was not related to the workplace. We further conclude that plaintiff may survive defendant's statute of limitations defense by application of the continuing violation doctrine if he can prove the discriminatory retaliation occurred within two years of filing suit.