NJLADNew Jersey Law Against Discrimination
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Conoshenti then took his case to federal district court, alleging that PSE&G violated the FMLA (by failing to advise him of his rights and using the act as a "negative factor" in firing him), New Jersey public policy, and the New Jersey Law Against Discrimination (NJLAD).
The plaintiff sued, asserting age discrimination under the NJLAD, but the trial court summarily dismissed the suit, commenting that "'there is no doubt of the intent of the legislature' to limit the 'age' protected class to persons above forty years of age." (171) The intermediary appellate court disagreed, and the issue of whether the civil rights statute's antidiscrimination provisions (172) protected only older workers from age discrimination was eventually elevated to the New Jersey Supreme Court.
The Supreme Court of New Jersey, in a decision pre-dating the passage of New Jersey's anti-bullying statute, ruled that New Jersey's Law Against Discrimination (NJLAD) recognizes a cause of action for student-on-student affectional or sexual orientation harassment.