Tartaglia v. UBS PaineWebber

In Tartaglia v. UBS PaineWebber, the New Jersey Supreme Court established the test for a claim of retaliatory discharge under the New Jersey Law Against Discrimination:

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The essential principles of law that govern this aspect of the appeal, which are derived from the LAD, are well settled. The LAD declares that it is an unlawful employment practice "to take reprisals against any person because that person has opposed any practices or acts forbidden under this Act." N.J.S.A. 10:5-12(d). We have explained that, traditionally, there are three elements to a plaintiffs prima facie case for retaliatory discharge. See Craig v. Suburban Cablevision, Inc., 140 N.J. 623, 629-30, 660 A.2d 505 (1995). In particular, we held that "[t]o establish a prima facie case of discriminatory retaliation, plaintiffs must demonstrate that: (1) they engaged in a protected activity known by the employer; (2) thereafter their employer unlawfully retaliated against them; and (3) their participation in the protected activity caused the retaliation." Ibid. (citing Jamison v. Rockaway Twp. Bd. of Educ., 242 N.J. Super. 436, 445, 577 A.2d 177 (App.Div.1990); Wrighten v. Metropolitan Hosps., Inc., 726 F.2d 1346, 1354 (9th Cir.1984)). More recently, we refined that analysis and held that, as a prerequisite for proceeding on a retaliatory discharge claim, a plaintiff must also bear the burden of proving that he or she had a good faith, reasonable basis for complaining about the workplace behavior. See Carmona v. Resorts Int'l Hotel, Inc., 189 N.J. 354, 373, 915 A.2d 518 (2007).

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Tartaglia v. UBS PaineWebber, Inc., 197 N.J. 81, 125, 961 A.2d 1167, 1192 (2008).