Smith v. Millville Rescue Squad

Plaintiff Robert Smith was a certified emergency medical technician and paramedic associated with defendant Millville Rescue Squad (MRS), which provided medical transportation and rescue services. Plaintiff started off as a volunteer, but assumed a paid position in January 1996. At the time of his termination in February 2006, plaintiff served as Director of Operations until June 1998. Plaintiff s direct supervisor was co-defendant John Redden, MRS's Chief Executive Officer. Plaintiff's wife at the time, Mary, was also employed by MRS, as were her mother and two sisters. In early 2005, plaintiff commenced an extramarital affair with an MRS volunteer, who was supervised directly by plaintiff. In June 2005, Mary learned of plaintiff's affair and reported it to Redden. Shortly thereafter, plaintiff informed Redden of the affair. The MRS volunteer left MRS in 2005, but the affair continued, leading to irreconcilable discord between plaintiff and Mary. On January 1, 2006, plaintiff moved out of the marital home. On January 2, 2006, plaintiff informed Redden that his marriage to Mary had collapsed. According to plaintiff's testimony, Redden thanked plaintiff for keeping him informed and asked to be notified of any developments regarding his marital status. When informed that plaintiff would divorce, he was terminated. The issue this case presented for the Supreme Court's review addressed the scope of the marital status protection afforded to employees by the Law Against Discrimination (LAD). After review, the Court held that the LAD protected all employees who have declared that they will marry, have separated from a spouse, have initiated divorce proceedings, or have obtained a divorce from discrimination in the workplace. Plaintiff presented sufficient evidence from which a reasonable jury could find that the employer harbored discriminatory animus against divorcing employees and that this animus bore directly on the decision to terminate plaintiff s employment. The trial court therefore erred when it dismissed the complaint at the close of plaintiff's case. View "Smith v. Millville Rescue Squad" on Justia Law