Case Study: Quinlan V. Curtiss-Wright

Law360, New York (February 22, 2011, 1:50 PM EST) -- The Supreme Court of New Jersey recently held that an employee’s unauthorized taking of an employer’s confidential documents can constitute protected activity where the documents are used in support of a discrimination claim. Quinlan v. Curtiss-Wright Corp., 204 N.J. 239 (2010).

The issues at stake in Quinlan v. Curtiss-Wright Corp. underscore a fundamental tension between an employer’s right to safeguard its confidential information and an employee’s right to prosecute discrimination claims free of retaliation. However, the controversial employee-friendly decision leaves a number of unanswered questions in...
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