Even An Employee Wrong About Discrimination Is Protected
September 20, 2013, 11:44 AM EDT
Law360, New York (September 20, 2013, 11:44 AM EDT) -- Recently, in Battaglia v. United Parcel Service Inc., No. A-86/87-11, the New Jersey Supreme Court held, among other things, that employee complaints about workplace conduct may constitute protected activity under the New Jersey Law Against Discrimination retaliation provisions even if the complained-of conduct does not amount to discrimination.
The court found that a good faith belief on the part of the complaining employee that the conduct was prohibited under the NJLAD was sufficient to constitute protected activity. This holding could significantly expand the class of employees...