Fisher & Phillips: New Jersey Law Against Discrimination Prohibits Discrimination Based on Employer's False Perceptions | Practical Law

Fisher & Phillips: New Jersey Law Against Discrimination Prohibits Discrimination Based on Employer's False Perceptions | Practical Law

This Law Firm Publication by Fisher & Phillips LLP explains the New Jersey Appellate Court's recent decision in Cowher v. Carson & Roberts. In Cowher, the plaintiff's supervisors incorrectly believed he was Jewish and subjected him to anti-Semitic comments and actions. The Appellate Court held that the New Jersey Law Against Discrimination allows an employee to assert a hostile work environment claim even if his harasser falsely perceives that he is a member of a protected class. Furthermore, discriminatory comments are actionable based on how a reasonable person in the protected category would understand them, rather than a person in the "shoes of the plaintiff."

Fisher & Phillips: New Jersey Law Against Discrimination Prohibits Discrimination Based on Employer's False Perceptions

by Fisher & Phillips LLP
Published on 07 May 2012New Jersey, United States
This Law Firm Publication by Fisher & Phillips LLP explains the New Jersey Appellate Court's recent decision in Cowher v. Carson & Roberts. In Cowher, the plaintiff's supervisors incorrectly believed he was Jewish and subjected him to anti-Semitic comments and actions. The Appellate Court held that the New Jersey Law Against Discrimination allows an employee to assert a hostile work environment claim even if his harasser falsely perceives that he is a member of a protected class. Furthermore, discriminatory comments are actionable based on how a reasonable person in the protected category would understand them, rather than a person in the "shoes of the plaintiff."