Stewart ZIVE, Plaintiff-Respondent,
v.
STANLEY ROBERTS, INC., Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 13, 2004.
Decided February 24, 2005.
Attorney(s) appearing for the Case
Carl A. Salisbury, argued the cause for appellant (Killian & Salisbury, attorneys; Mr. Salisbury, Clark and Steven R. Weinstein, Livingston, on the briefs).
Neil H. Deutsch, Hackensack, argued the cause for respondent (Deutsch Resnick and Pashman Stein, attorneys; Mr. Deutsch and Jonathan I. Nirenberg, on the briefs).
Richard M. Schall, Moorestown, argued the cause for amicus curiae National Employment Lawyers Association/New Jersey (Schall & Barasch, attorneys).
Craig H. Livingston, Princeton, submitted a brief on behalf of amici curiae The New Jersey Advisory Council on Safety and Health, The New Jersey Council of the International Association of Machinists and Aerospace Workers, AFL-CIO (Ball Livingston, attorneys).
James R. Michael, Deputy Attorney General, submitted a brief on behalf of amicus curiae New Jersey Division on Civil Rights (Peter C. Harvey, Attorney General of New Jersey, attorney; Jeffrey Burstein, Assistant Attorney General, of counsel).
Supreme Court of New Jersey.
Justice LONG delivered the opinion of the Court.
The appeal provides us with an opportunity to clarify an issue that has dogged courts across the nation: on a Law Against Discrimination (LAD) termination claim, what is the plaintiff's evidentiary burden that will satisfy the second prong of the prima facie case under the McDonnell Douglas1 burden-shifting scheme. We hold that so long as the employee shows that he has been...
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