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Discrimination & Harassment Claims

Greenbaum provides tenacious and strategic representation to employers facing claims of workplace discrimination and harassment, which can undermine the integrity and reputation of an employer. Our attorneys defend employers against claims brought under the New Jersey Law Against Discrimination (NJLAD), which covers a wide range of protected characteristics including race, gender, age, disability, sexual orientation, gender identity and national origin, and more. We also represent clients facing discrimination claims under federal laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Our services are comprehensive, beginning with the critical first steps associated with conducting a timely and through internal investigation into allegations of discrimination or harassment in the workplace. Our team assists in evaluating the merits of a claim, identifying potential defenses and developing a comprehensive strategy tailored to the specific facts of the case. Litigation involving alleged discrimination or harassment is not limited to state and federal courtrooms and may also be presented before administrative agencies including the New Jersey Division on Civil Rights (DCR) and the Equal Employment Opportunity Commission (EEOC). Regardless of the litigation or alternative dispute resolution (ADR) forum, our team provides robust and strategic representation of both public and private sector employers.

Representative Matters

  • Represented a remodeling company in disability discrimination and retaliation claims under the NJLAD, achieving a favorable settlement after discovery demonstrated that no reasonable accommodations were feasible. 
  • Represented a New Jersey state law enforcement agency in sexual harassment and hostile work environment claims under the NJLAD, resolving the matter on favorable terms following discovery and deposition proceedings.
  • Successfully defended a large public entity and individual employees in multiple employment actions alleging discrimination, harassment, and retaliation under the NJLAD and CEPA, obtaining dismissal with prejudice at summary judgment following extensive discovery and motion practice.  The plaintiff’s appeal in this matter was denied.
  • The firm successfully defended a state corrections agency and its former commissioner against age and disability discrimination claims under NJLAD, securing summary judgment on all counts and affirmance on appeal, eliminating exposure exceeding $2 million.
  • Defending a large public entity against NJLAD and CEPA, and New Jersey Civil Rights Act claims, successfully narrowing the case at the outset through targeted motion practice while managing sensitive discovery, document production, and e-discovery vendor coordination.  
  • Assisted in the defense of a large public entity in federal employment litigation asserting constitutional and statutory claims, including alleged violations of the NJLAD, the Equal Protection Clause, and the New Jersey Civil Rights Act. The matter involved multi-forum motion practice, federal discovery and pretrial proceedings, a remand to state court, and dispositive briefing, and ultimately resolved without trial.
  • Obtained summary judgment in the U.S. District Court for the District of New Jersey on behalf of a state judicial agency, defeating federal civil rights and NJLAD disparate treatment and disparate impact claims asserted by employees, resulting in dismissal of all claims without appeal.
  • Successfully defended multiple large, multi-disciplinary employers in four NJLAD and CEPA actions, securing summary judgment in each case and eliminating claims seeking more than $1 million in alleged damages per matter.
  • Successfully defended Protection Technologies, LLC, an electronic security solutions provider, against NJLAD and CEPA claims brought by a former senior executive, defeating an early declaratory judgment challenge to restrictive covenants, obtaining dismissal of multiple discrimination and retaliation claims, quashing overbroad subpoenas, and resolving the matter on highly favorable terms following mediation.
  • Obtained dismissal at the pleading stage of a NJLAD sexual harassment lawsuit against a state judicial agency, where the court held the plaintiff could not establish an employment relationship with the state, resulting in complete dismissal of claims exceeding $1 million.
  • Represented Rutgers University and its employees in state and federal employment litigation, including claims under CEPA, NJLAD, Title VII, Section 1983, and the ADA, involving allegations of wrongful termination, discrimination, retaliation, and hostile work environment, achieving dismissals, summary judgment, and favorable settlements.
  • Represented the State of New Jersey and individual defendants in employment and constitutional litigation asserting claims under CEPA and NJLAD, and the New Jersey Constitution.
  • Represented a private employer in the appeal of a significant jury verdict arising from NJLAD claims involving hostile work environment, discrimination, retaliation, and failure to promote.
  • Defended a technology company in employment litigation brought by a former senior executive asserting claims under NJLAD and CEPA and seeking declaratory relief concerning restrictive covenants, securing dismissal of multiple claims, denial of declaratory relief, quashing of overbroad subpoenas, and a favorable settlement following mediation.
  • Defended a research company and its owners and managers in employment litigation asserting CEPA whistleblower claims, sexual harassment, discrimination, retaliation, and wage and hour violations, resolving the matter on favorable terms that protected the company’s industry reputation.