In December 2024, the New Jersey Appellate Division affirmed the dismissal of a plaintiff’s claims against the Firm’s clients, members of a Board of Education. The plaintiff, a schoolteacher, alleged district officials began a campaign to defame, disparage, and retaliate against her for filing a lawsuit in 2016. She alleged discrimination and retaliation by her superiors, failure to accommodate a disability, and authorizing a “sham” investigation.
OS filed a Motion to Dismiss the Complaint as to its clients for alleged violations of the New Jersey Law Against Discrimination (“NJLAD”), which was granted by the Court. The Court agreed that its clients did not aid or abet any discrimination in violation of the NJLAD and that they were not involved in the investigation except to authorize it. As such, they were entitled to qualified immunity.
The Appellate Division affirmed, finding that plaintiff failed to allege sufficient facts to demonstrate OS’s clients knowingly and substantially assisted in retaliatory activity. The Appellate Division further agreed that OS’s clients were duty-bound to investigate complaints.
This case underscores the necessity of understanding the elements of an NJLAD cause of action and the appropriateness of seeking dismissal when a plaintiff fails to allege facts sufficient to satisfy those elements.
About O’Toole Scrivo, LLC
We are a carefully crafted mid-sized law firm of recognized subject matter experts practicing primarily in New York and New Jersey. We combine large-firm expertise with small-firm attention to client needs, representing businesses, insurance companies, and government entities. We are committed to delivering creative and timely results for the most high-profile and complex matters.
