Cutler v. Dorn, 196 N.J. 419

Summary

The Supreme Court of New Jersey considered whether a Jewish police officer presented sufficient evidence to submit a religion- and ancestry-based hostile work environment claim under the New Jersey Law Against Discrimination to a jury. The court held that religion-based hostile work environment claims are subject to the same threshold applicable to sex- and race-based claims and that the cumulative evidence could support the jury’s finding of liability. The court reversed the Appellate Division’s judgment overturning the verdict.

Holdings

1. A religion- or ancestry-based hostile work environment claim under the New Jersey Law Against Discrimination is governed by the same severe-or-pervasive threshold applicable to sexual- and race-based hostile work environment claims; it is not subject to a higher or more stringent threshold.
2. The evidence, viewed in the light most favorable to Cutler and under the totality-of-the-circumstances standard, was sufficient for a rational jury to find severe or pervasive, unwelcome harassment based on Jewish religion and ancestry.
3. The trial court properly denied Haddonfield's motion for judgment notwithstanding the verdict because sufficient evidence supported the jury's finding of a hostile work environment.
4. The Appellate Division correctly rejected Cutler's claim that the courts abused their discretion by refusing to allow amendment of the complaint to add an additional retaliation claim.

Questions Presented

1. Whether the evidence was sufficient to allow a jury to find that Cutler experienced a hostile work environment based on religion and ancestry under the New Jersey Law Against Discrimination.
2. Whether religion-based hostile work environment claims under the LAD are subject to a higher or more stringent threshold than sexual- or race-based hostile work environment claims.
3. Whether the trial court properly denied Haddonfield's motion for judgment notwithstanding the verdict.
4. Whether the lower courts abused their discretion by refusing to allow Cutler to amend his complaint to specify an additional retaliation claim.

Disposition

reversed_and_remanded