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DIXON v. RUTGERS, THE STATE UNIVERSITY OF N.J.

110 N.J. 432 (1988)

541 A.2d 1046

RUTH F. DIXON, COMPLAINANT, v. RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY; EDWARD J. BLOUSTEIN, PRESIDENT; RUSSELL N. FAIRBANKS, PROVOST; WALTER K. GORDON, DEAN, RESPONDENTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided May 25, 1988.

Attorney(s) appearing for the Case

Aron M. Schwartz argued the cause for appellants (Vogel, Chait, Schwartz & Collins, attorneys).

Susan L. Reisner, Deputy Attorney General, argued the cause for Division on Civil Rights (W. Cary Edwards, Attorney General of New Jersey, attorney, James J. Ciancia, and Andrea M. Silkowitz, Assistant Attorneys General, of counsel).

Alexander P. Waugh, Jr., argued the cause for amicus curiae The Trustees of Princeton University (Smith, Stratton, Wise, Heher & Brennan, attorneys; Alexander P. Waugh, Jr., William J. Brennan, III and Thomas H. Wright, Jr., of counsel; Alexander P. Waugh, Jr. and Thomas H. Wright, Jr., on the brief).

Denise Reinhardt submitted a brief on behalf of amicus curiae Rutgers Council of AAUP Chapters (Reinhardt & Schachter, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal concerns the interest of a university in maintaining the confidentiality of peer review materials used in its tenure and promotion decisions, and a faculty member's competing interest in obtaining such materials to establish a prima facie claim of unlawful sex discrimination under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42. We reject the University's request to create...

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