Mark & Galusha, LLC: Employment Lawyers in Bayonne and Union City, Hudson County. 

Ms. O'Brien, a New Jersey employee sued her previous employer, Telcordia Technologies, for sex and age discrimination. Ms. O'Brien worked at Telcordia Technologies in 2005 when the company faced financial hardships which required downsizing in order to stay afloat. Ms. O'Brien was laid-off during this corporate downsizing however, she filed a lawsuit against Telcordia alleging that it was in violation of the New Jersey Law Against Discrimination (NJLAD) as she believed that her layoff occurred due to sex and age discrimination. 

The New Jersey Law Against Discrimination protects employees who fall under certain protected categories. These categories include race, creed, color, national origin, nationality, ancestry, age, sex, marital status, domestic partnership or civil union status, affectional or sexual orientation, gender identity or expression, atypical hereditary cellular or blood trait, genetic information liability for military service, or mental or physical disability. 

A Court Order issued summary judgment in favor of Telcordia, which dismissed Ms. O'Brien's claims of discrimination and wrongful termination as part of a RIF, as her previous employer was clearly able to show that the lay-offs at Telcordia were the result of a downturn in the telecommunications market. O'Brien appealed this decision, however, arguing that the Court did not consider the verdicts reached in several high profile employment law cases such as Price Waterhouse v. Hopkins, which outlined the liability of employers whom may have had mixed motives for terminating their employees, and McDonnell-Douglas v. Green, where it was decided that the burden of proof in employment cases could be placed on the employer. In addition, Ms. O'Brien felt that the trial court did not take her evidence into consideration when the motion judge reached the decision to grant Telcordia summary judgment. 

Ms. O'Brien claims that the court did not properly evaluate the above cases in making the decision to grant Telcordia summary judgment. Ms. O'Brien appealed the Court's decision, referencing a certification and testimony of a former co-worker who agreed with Ms. O'Brien that "mixed motives" resulted in her termination, which Ms. O'Brien claims was based upon illegal sex and age discrimination. The primary consideration of the appellate court was whether the hearsay contained within the certification would be admissible if a trial were held in this case. If it was considered inadmissible, both the certification and Telcordia's position would be irrelevant. There are also portions of the certification which reference other individuals employed by Telcordia and those references may or may not have an impact on Ms. O'Brien's case. In consideration of the foregoing, the Appellate Court remanded this matter so that a determination can be made based upon the preponderance of evidence whether Ms. O'Brien was indeed laid-off as a result of her age. 

Mark & Galusha, LLC, are civil rights attorneys who handle employment matters including age and sex discrimination in Bayonne and Union City and all other municipalities in Hudson County, New Jersey. 

If you would like more information about this case, or if you believe you are the victim of age or sex discrimination, please call to schedule your free consultation. Contact Mark & Galusha, LLC, at (908) 626-1001 or 973-440-2311, or simply tell us your story by clicking the "contact us" page. Our attorneys will review your information and respond to your shortly.