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THORNTON v. POTAMKIN CHEVROLET

94 N.J. 1 (1983)

462 A.2d 133

THOMAS THORNTON, APPELLANT, v. POTAMKIN CHEVROLET AND ROBERT NITABACH, RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 18, 1983.

Attorney(s) appearing for the Case

Barbara A. Bell argued the cause for appellant (Owens, Banks and Williams, attorneys).

Richard M. Naness, a member of the New York bar, argued the cause for respondents (Frederick A. Onore, attorney).

Susan L. Reisner, Deputy Attorney General, argued the cause for Division on Civil Rights (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Mary Ann Burgess, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

This appeal requires us to resolve whether a discharged employee who has failed to raise a claim of discrimination in a grievance arbitration may pursue that claim before the State Division on Civil Rights. We hold that the entire controversy doctrine does not preclude the Division on Civil Rights from enforcing the provisions of the Law Against Discrimination, N.J.S.A. 10:5-1 to -38, and reverse the judgment...

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