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Sunday, January 17, 2010

Fernando Roa and Liliana Roa v. LAFE and Marino Roa (A-72-08

Fernando Roa and Liliana Roa v. LAFE and Marino Roa
(A-72-08) 1-14-10
Under New Jersey’s Law Against Discrimination, the
statute of limitations begins to run on a discrete
retaliatory act, such as a discharge, on the date on
which the act takes place, and a timely claim based on
post-discharge retaliatory conduct does not sweep in a
prior untimely discrete act which the victim knew or
should have known gave rise to a retaliation claim.
However, a discrete post-discharge act of retaliation
is independently actionable even if it does not relate
to present or future employment, and evidence relating
to barred claims may be admissible in the trial of the
timely claim.