Robert Smith v. Millville Rescue Squad (A-19-14;
074685)
The protection that the LAD affords against discrimination based on marital status is not limited to the state of being single or married. The LAD also prohibits discrimination against a prospective or current employee based on their status as separated, in the process of divorce, or divorced. The evidence that plaintiff presented at trial suggests that defendant’s animus toward divorcing persons, based on stereotypical views, affected the decision to terminate plaintiff’s employment, and therefore created an inference of discrimination due to defendant’s marital status. The trial court erred in finding that plaintiff failed to establish a prima facie case of marital-status discrimination in employment under the LAD.
