The Exclusivity Rule Is Not A Bar to a Discrimination Action

The New Jersey Supreme Court ruled that an employer could be liable under both the Law Against Discrimination Act [LAD] and the Worker's Compensation Act (WCA). Court reasoned that the dual remedies can work in harmony as they are both statutory claims. The Court noted that the common law remedies of the LADs are not prohibited by the WCA since they are statutory in nature. By allowing both claims to go forward, a worker is not limited to the statutory caps for recovery under the Worker's Compensation Act.

NJ Supreme Court to Review Application of Exclusivity Rule Between Social Remedial Legislation Acts

The NJ Supreme Court will review two social remedial legislative acts to determine whether the Exclusivity Rule is applicable. The workplace legislation is the Law Against Discrimination [LAD] and the Workers’ Compensation Act [WCA]. The Court will determine whether a LAD claim is barred by the exclusive remedy of the WCA. Mary Richter, Plaintiff-Respondent, v. Oakland Board of Education, C-234 Sept.Term 2019, 2019 WL 5847242, Petition for Certification Granted NOVEMBER 4, 2019