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ARTICLE · 25 MAY 2013

Cannot Fit Workers’ Compensation Peg Into Whistleblowing Or Anti-Discrimination Hole

Day Pitney LLP
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The District of New Jersey ruled recently that filing a workers’ compensation claim does not qualify as protected activity sufficient to trigger protection from the Conscientious Employee Protection Act ("CEPA") or the New Jersey Law Against Discrimination ("LAD").

United StatesEmployment and HR
Jeffrey Gruen
Jeffrey Gruen
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The District of New Jersey ruled recently that filing a workers' compensation claim does not qualify as protected activity sufficient to trigger protection from the Conscientious Employee Protection Act ("CEPA") or the New Jersey Law Against Discrimination ("LAD").

Tammy Davis worked as a cashier at Supervalu, Inc. d/b/a Acme Markets ("Acme") in Burlington, New Jersey, for over 20 years. In early 2011, she filed a workers' compensation claim against Acme. About a year later, Acme terminated Davis' employment for improperly recording sales.

In December 2012, Davis filed suit in the Superior Court of New Jersey, alleging, among other things, that Acme terminated her employment in retaliation for filing a workers' compensation claim in violation of CEPA and the LAD. Acme removed the case to the United States District Court for the District of New Jersey and then moved to dismiss those claims.

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