Cleary Giacobbe Alfieri Jacobs, LLC recently obtained a successful defense verdict on May 2, 2025, after a two-week trial before the Honorable Judge Mayra V. Tarantino in Essex County Superior Court of New Jersey. The Complaint was filed by the Plaintiff against the Passaic Valley Sewerage Commission (the “employer”) under the New Jersey Law Against Discrimination, alleging that the employer had terminated Plaintiff’s employment in retaliation for requesting and using an accommodation for a disability. The employer defended against the claim by asserting that Plaintiff, who was a supervisor, was terminated for participating in a racially disparaging conversation at work with another supervisor in which the N-word was used, and for failing to report said discriminatory comments as required by the Passaic Valley Sewerage Commission’s Anti-Discrimination and Harassment Policy.

The jury deliberated for only fifty (50) minutes before resoundingly rejecting Plaintiff’s claims with an 8-0 vote in favor of the Defendant employer. This case underscores the significance of proper jury selection, thorough trial preparation, and the importance of the employer having a strong anti-discrimination policy that includes both specific examples of prohibited conduct and effective reporting procedures for any discriminatory comments or harassment that a supervisor personally witnesses.

The Passaic Valley Sewerage Commission was represented by Ruby Kumar-Thompson, Esq. and Matthew Marotta, Esq. of the Firm.