CRISITELLO v. ST. THERESA SCHOOL

A-63 September Term 2020 085213.

299 A.3d 781 (2023)

255 N.J. 200

Victoria CRISITELLO, Plaintiff-Respondent, v. ST. THERESA SCHOOL, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 14, 2023.

Revised August 14, 2023.


Attorney(s) appearing for the Case

Peter G. Verniero , Newark, argued the cause for appellant (Sills Cummis & Gross, and Carella, Byrne, Cecchi, Olstein, Brody & Agnello, attorneys; Peter G. Verniero, Michael S. Carucci , and Christopher H. Westrick , Roseland, of counsel and on the briefs).

Thomas A. McKinney , Morristown, argued the cause for respondent (Castronovo & McKinney, attorneys; Thomas A. McKinney and Edward W. Schroll , of counsel and on the brief).

Mark E. Chopko of the District of Columbia and Pennsylvania bars, admitted pro hac vice, argued the cause for amicus curiae New Jersey Catholic Conference (Stradley Ronon Stevens & Young, and McKernan, McKernan & Godino, attorneys; Mark E. Chopko, Marissa Parker , Robert J. Norcia , Martin McKernan , and James J. Godino, Jr. , Camden, of counsel and on the brief).

Eric C. Rassbach (The Becket Fund for Religious Liberty) of the California, Texas, and District of Columbia bars, admitted pro hac vice, argued the cause for amicus curiae Agudath Israel of America (Roselli Griegel Lozier & Lazzaro, attorneys; Eric C. Rassbach, Mark M. Roselli , Hamilton Square, and Daniel D. Benson (The Becket Fund for Religious Liberty) of the Utah and District of Columbia bars, admitted pro hac vice, of counsel and on the brief).

Jeremy Feigenbaum , Solicitor General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Jeremy Feigenbaum and Alec Schierenbeck , Deputy Solicitor General, of counsel, and Eve Weissman and Nadya Comas , Deputy Attorneys General, on the brief).

Ronald K. Chen argued the cause for amici curiae American Civil Liberties Union of New Jersey and American Civil Liberties Union (Rutgers Constitutional Rights Clinic Center for Law & Justice, attorney; Lindsey Kaley (American Civil Liberties Foundation) of the New York bar, admitted pro hac vice, of counsel and on the brief, and Ronald K. Chen, Jeanne LoCicero (American Civil Liberties Union of New Jersey Foundation), Alexander Shalom (American Civil Liberties Union of New Jersey Foundation), and Daniel Mach (American Civil Liberties Union Foundation) of the New York and District of Columbia bars, admitted pro hac vice, on the brief).

Natalie J. Kraner argued the cause for amici curiae National Women's Law Center, Americans United for Separation of Church and State, The Anti-Defamation League, California Women's Lawyers, The Clearinghouse on Women's Issues, The Feminist Majority Foundation, Gender Justice, GLBTQ Legal Advocates & Defenders, The Kentucky Association of Sexual Assault Programs, KWH Law Center for Social Justice and Change, Interfaith Alliance Foundation, Legal Voice, The National Asian Pacific American Women's Forum, The National Association of Social Workers, The National Association of Women Lawyers, The National Coalition Against Domestic Violence, The National Council of Jewish Women, National Crittenton, The Reproductive Health Access Project, The Sikh Coalition, The Women's Law Center of Maryland, Inc., Transgender Law Center, Ujima, Inc: The National Center on Violence Against Women in the Black Community, Women Employed, Women With A Vision, Inc., The Women's Bar Association of the District of Columbia, The Women's Bar Association of the State of New York, and Women's Law Project (Lowenstein Sandler, attorneys; Natalie J. Kraner, Matthew J. Platkin , Stephanie Ashley , Markiana Julceus , Roseland, Sunu P. Chandy and Laura Narefsky (National Women's Law Center) of the New York bar, admitted pro hac vice, Bradley Girard (Americans United for Separation of Church and State) of the New York and District of Columbia bars, admitted pro hac vice, and Richard B. Katskee (Americans United for Separation of Church and State) of the District of Columbia and Maryland bars, on the brief).

James E. Burden submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, attorneys; James E. Burden, on the brief).


The Church of St. Theresa (St. Theresa's) owns and operates the St. Theresa School. St. Theresa's terminated art teacher and toddler room caregiver Victoria Crisitello for violating the terms of her employment agreement. That agreement required employees...

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