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Wednesday, June 27, 2012

MYRON COWHER VS. CARSON & ROBERTS, ET AL. A-4014-10T1



MYRON COWHER VS. CARSON & ROBERTS, ET AL. 
 A-4014-10T1

Reversing summary judgment in favor of plaintiff's employer and two co-workers, we hold that plaintiff, a non-Jew, presented a prima facie case of discrimination on the basis of perceived religious affiliation through videotapes and admissions establishing that the co-workers had regularly uttered anti-Semitic epithets and engaged in other anti-Semitic conduct directed at plaintiff.  In reaching that conclusion, we found a presumption to exist that defendants' conduct was spurred by plaintiff's perceived status as a Jew.  

We also found prima facie evidence that defendants' conduct was severe or pervasive enough to make a reasonable person believe that the conditions of plaintiff's employment were altered and that the working environment had been made hostile or abuse.  We held in that regard that the conduct should be evaluated from the perspective of a reasonable Jew, and that the fact that plaintiff was not Jewish was relevant only to his damages.
04-18-12