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One Offensive Comment Tests Tolerance In NJ

Law360 (August 21, 2008, 12:00 AM EDT) -- On Aug. 13, 2008, in a significant though unreported decision, the New Jersey Appellate Division reversed a lower court and permitted a homosexual employee’s claims of wrongful termination, harassment, and intentional infliction of emotional distress to go to a jury based upon a single comment - “stupid fag” - made by the employee’s immediate supervisor.

The case appears to be the first reported decision by a New Jersey court that has permitted a plaintiff, other than an African-American asserting race bias, to get to a jury...
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