Single Gay Epithet At Work Sustains Claim: Court

Law360, New York (August 15, 2008, 12:00 AM EDT) -- A New Jersey appeals court ruled that a single incident of a supervisor calling an employee by a homophobic epithet provided enough evidence to sustain a wrongful termination and harassment suit through a summary judgment challenge and reinstated the plaintiff's case against Merrill Lynch & Co. Inc.

The Appellate Division of the Superior Court of New Jersey, in a per curiam opinion issued Wednesday, also overturned the lower court's dismissal of plaintiff Darren Kwiatkowski's claim for intentional infliction of emotional distress.

The appeals court found that...
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