Employer's Prior Differential Treatment Of Protected v. Unprotected Employees Saves Claim From Dismissal

Kelly v. Millenium Atlantic City Holdco, L.L.C., 2008 WL 2726878 (N.J. Super., App. Div., July 15, 2008) — Plaintiff, a female radio host, was terminated for making an allegedly threatening on-air comment about a police officer.  Before the trial court, she produced evidence that the employer had tolerated comments made by male hosts that were equally offensive.  The Appellate Division reversed the grant of summary judgment to Defendants, finding sufficient evidence was presented of the employer’s prior differential treatment of male v. female radio hosts to entitle the female Plaintiff to a jury trial on her claim of discriminatory discharge.  

Note: This article was published in the August 2008 issue of the New Jersey eAuthority.